Public-domain · open source
OpenJurist
← 831 A.2d 151 - In Re BS

In Re BS’s Empirical Analysis

2003

Citation profile

7
cited by 7 later decisions
1
states following
December 2021
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently December 2021

7 state decisions

50200320102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Commonwealth v. Grant · Millili v. Commonwealth, Department of Transportation, Bureau of Driver Licensing · Commonwealth v. Lord · 249 Pa. Super. 149 - In the Interest of DelSignore · Commonwealth Ex Rel. Paulinski v. Isaac

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In Grant , the Supreme Court held that as a general rule, ineffective assistance of counsel claims should be held for collateral review. [ 813 A.2d at 728 ]. This review is most commonly a petition under the [PCRA], 42 Pa.C.S.A. §§ 9541, et seq. As this is a juvenile case, and not a criminal one, Grant does not apply. [A .J. 829 A.2d at 315 n. 3]. Practical difficulties in applying Grant persuade us that to apply the procedures suggested by Grant to juvenile cases would be improper. Our Supreme Court’s decision in Grant is quite clearly focused towards the treatment of ineffectiveness claims of criminal defendants. While the Court uses the broader term “collateral relief’ and “collateral proceedings,” it speaks of the PCRA often and uses the term interchangeably with the above broader terms. See generally Grant, 813 A.2d 726 . The collateral relief it is quite clearly referring to is a petition under the PCRA. The PCRA, however, does not apply to juveniles. Matter of J.P., 573 A.2d 1057 [ (Pa.Super.1990) ]; 42 Pa.C.S.A. § 6354(a) (An order of delinquency “is not a conviction of a crime and does not impose any civil penalty ordinarily resulting from a conviction.”); see also In Interest of DelSignore, 249 Pa.Super. 149 , 375 A.2d 803 , 806 n. 3 (1977) ( [Post-Conviction Hearing Act] did not apply to juveniles). Nor does the Juvenile Act, 42 Pa.C.S.A. §§ 6301, et seq [.], provide for any alternative collateral relief for those judged delinquent. The absence of a collateral proc”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.