· 9/15/2016
Boerner v. Comm.
Citations
- 152 A.3d 406
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that in the absence of express legislative authorization, a reviewing court must ascertain whether the offenses as charged are sufficiently factually distinguishable to otherwise permit imposition of multiple punishments
- statutory elements test used to demonstrate that possession of a controlled substance is a lesser-included offense of manufacture of a controlled substance, thus two provisions proscribed a single offense
- a voluntary guilty plea waives all non-jurisdictional claims other than double jeopardy challenges discernible from the face of the information
- “By pleading guilty, a defendant waives a number of important constitutional rights, including . . . the right to insist at trial that the prosecution establish guilt beyond a reasonable doubt . . . .”
- a guilty plea generally waives all nonjurisdictional challenges to a conviction
- collateral attack on court's power to sentence not waived
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.