Legal Opinion

Commonwealth v. Allen

Supreme Court of Pennsylvania

Decided May 25, 1999PublishedCited by 236 opinions

1Opinion of the Court

OPINION

CASTILLE, Justice.

The issue before this Court is whether a “miscarriage of justice” occurred which would warrant relief on a repetitive Post Conviction Relief Act1 (“PCRA”) petition, where the guilty plea colloquy failed to reflect on the record that the defendant was made aware of the possibility of imposition of consecutive sentences. We find that both the heavy burden of proof for an ineffective assistance of counsel claim in the context of a repetitive PCRA petition and the prevailing legal standard for withdrawing a guilty plea preclude the finding of a miscarriage of justice…

2Cases cited18 opinions

  1. Commonwealth v. PierceSupreme Court of Pennsylvania · 1987
  2. Commonwealth v. TravagliaSupreme Court of Pennsylvania · 1995
  3. Commonwealth v. KimballSupreme Court of Pennsylvania · 1999
  4. Commonwealth v. MoralesSupreme Court of Pennsylvania · 1997
  5. Peguero v. United StatesSupreme Court of the United States · 1999

13 more not listed; retrieve them via the Exa API.

3Cited by236 opinions

  1. Commonwealth v. FearsSupreme Court of Pennsylvania · 2014
  2. Commonwealth v. CarrSuperior Court of Pennsylvania · 2001
  3. Joseph Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2007
  4. Commonwealth v. HickmanSuperior Court of Pennsylvania · 2002
  5. Commonwealth v. JonesSuperior Court of Pennsylvania · 2008

231 more not listed; retrieve them via the Exa API.

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