Legal Opinion · Dissent

Commonwealth v. Landis

Superior Court of Pennsylvania

Decided June 26, 2012PublishedCited by 1 opinion

1Dissent

DISSENTING OPINION BY

DONOHUE, J.

I respectfully disagree. As noted by the learned Majority, we may reverse the trial court’s decision to grant habeas corpus relief only upon a showing that the trial court has committed “a manifest abuse of discretion.” Commonwealth v. Hendricks, 927 A.2d 289, 290 (Pa.Super.2007). “An abuse of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or is the result of partiality, prejudice, bias or ill-will, discretion is abused.” Commonwealth v.…

2Cases cited5 opinions

  1. Commonwealth v. AlexanderSupreme Court of Pennsylvania · 1978
  2. Commonwealth v. MatthewSupreme Court of Pennsylvania · 2006
  3. Commonwealth v. AlfordSuperior Court of Pennsylvania · 2005
  4. Commonwealth v. HendricksSuperior Court of Pennsylvania · 2007
  5. Commonwealth v. FletcherSuperior Court of Pennsylvania · 2012

3Cited by1 opinion

  1. In Re: Private Criminal ComplaintSuperior Court of Pennsylvania · 2022

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