Commonwealth v. Cherry

How courts have described this case

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

• noting that “[i]f appointed counsel fails to take either of these steps, our courts have not hesitated to find that the petition was effectively uncounseled.”
• stating that “[w]hen appointed, counsel's duty is to either (1) amend the petitioner’s pro se Petition and present the petitioner’s claims in acceptable legal terms, or (2) certify that the claims lack merit by complying with the mandates of Turner/Finley.”
• declining to decide counsel’s application to withdraw and remanding for determination of whether appointed counsel “will continue to represent [Cherry] in the PCRA court”
• “When appointed, counsel’s duty is to either (1) amend the petitioner’s pro se Petition and present the petitioner’s claims in acceptable legal terms, or (2) certify that the claims lack merit by complying with the mandates of Turner/Finley.”
• “When appointed, counsel’s duty is to either (1) amend the petitioner’s pro se Petition and present the petitioner’s claims in acceptable legal terms, or (2) certify that the claims lack merit by complying with the mandates of Turner/Finley.” (footnote omitted)
• requiring appointment of counsel only for first PCRA petitions

Source: CourtListener parenthetical corpus (CC0).

Cited by

1 case in this archive cites this case.

• Commonwealth v. Kelsey
  Superior Court of Pennsylvania· 2019-03-22· cited 55×

Cites

6 cases in this archive are cited by this case.

• Commonwealth v. Turner
  Supreme Court of Pennsylvania· 1988-07-27· cited 4,184×
• Commonwealth v. Finley
  Supreme Court of Pennsylvania· 1988-10-31· cited 4,104×
• Commonwealth v. Grazier
  Supreme Court of Pennsylvania· 1998-06-15· cited 1,461×
• Commonwealth v. Fears
  Supreme Court of Pennsylvania· 2014-02-19· cited 803×
• Commonwealth v. Robinson
  Superior Court of Pennsylvania· 2009-04-09· cited 181×
• Commonwealth v. Powell
  Superior Court of Pennsylvania· 2001-12-04· cited 45×