Legal Opinion

Commonwealth v. West

Superior Court of Pennsylvania

Decided February 15, 2005PublishedCited by 10 opinions

1Opinion of the Court

OPINION BY

BENDER, J.:

¶ 1 Sheldon L. West (Appellant) appeals from the January 12, 2004 order denying relief under his habeas corpus petition. The issue presented is whether Appellant’s substantive due process rights were violated when the trial court recommitted Appellant to prison in 2002 following a 9-year delay in which Appellant remained mistakenly at liberty on an appeal bond stemming from a 1990 conviction. Under the circumstances presented in this case, in which the courts had on several occasions during the 9-year interval recognized the mistake, yet repeatedly failed to act by…

2Cases cited17 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Commonwealth v. PeterkinSupreme Court of Pennsylvania · 1998
  4. United States v. Frank MartinezCourt of Appeals for the Ninth Circuit · 1988
  5. Commonwealth v. HessSupreme Court of Pennsylvania · 1980

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3Cited by10 opinions

  1. Commonwealth v. GoodwinSuperior Court of Pennsylvania · 2007
  2. Commonwealth v. WestSupreme Court of Pennsylvania · 2007
  3. Adams v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 2005
  4. Commonwealth v. FoxSuperior Court of Pennsylvania · 2008
  5. Adams v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 2005

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