Skip to main content

Commonwealth v. Bracey

Citations

  • 986 A.2d 128
  • 604 Pa. 459
  • 2009 Pa. LEXIS 2795

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “a more sophisticated analysis” may be required on state collateral review in some circumstances
  • finding that there was no right to a jury trial on an Atkins claim under Ring
  • observing that procedural rules “cannot trump a Sixth Amendment right to a jury”
  • \[T]here is no Sixth Amendment right to a jury on the question of mental retardation.\
  • states that have recognized right to jury determination of mental retardation generally have done so by statute; Danforth- based claim that state court might provide more protection than federal courts waived
  • no right to jury trial on Atkins claim presented on post-conviction review

Source: CourtListener parenthetical corpus (CC0).

Judges: Castille, Saylor, Eakin, Baer, Todd, McCaffery, Greenspan

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

48 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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.