· 4/22/2005
Commonwealth v. Chazin
Citations
- 873 A.2d 732
- 2005 Pa. Super. 143
- 2005 Pa. Super. LEXIS 907
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a court may reject the terms of a plea agreement “if the court believes the terms do not serve justice.”(citation omitted)
- subjecting a claim that counsel failed to adequately communicate a Commonwealth plea offer to the Pierce effectiveness-of-counsel test
- rejecting ineffective assistance of counsel claim where the trial judge explicitly stated that he would not have accepted petitioner’s guilty plea where the agreement called for a negotiated sentence of four to eight years’ imprisonment
- “The court would have rejected the resulting bargain. . . Without evidence that the result of the plea bargain process would have been different had he been able to accept the Commonwealth's original offer, necessarily fails to satisfy the prejudice prong requisite to a finding of IAC.”
- in order to prevail on such a claim the defendant must show, “(1) an offer for a plea was made; (2) trial counsel failed to inform him of such offer; (3) trial counsel had no reasonable basis for failing to inform him of the plea offer; and (4) he was prejudiced thereby.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Stevens, Melvin, Johnson
Read full opinion on CourtListenerSourced 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.