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Commonwealth v. Jones

Citations

  • 942 A.2d 903
  • 2008 Pa. Super. 16
  • 2008 Pa. Super. LEXIS 73

How courts have described this case

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

  • holding that a hearing is not necessary where the PCRA court can discern from the record “that there are no genuine issues of material fact.”
  • holding that petitioner was not entitled to an evidentiary hearing when he failed to meet his burden in proving his trial counsel was ineffective
  • stating that no hearing is necessary if it can be determined without a hearing that any one of the three prongs of the ineffectiveness test cannot be met
  • stating that no hearing is necessary if it can be determined without a hearing that any one of the three prongs of the ineffectiveness test cannot be met
  • explaining that “[t]here is no absolute right to an evidentiary hearing on a PCRA petition, and if the PCRA court can determine from the record that no genuine issues of material fact exist, then a hearing is not necessary.”
  • rejecting claim of ineffectiveness for failure to preserve challenge to discretionary aspects of sentencing where there was no merit to the claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Elliott, Musmanno, Panella

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

20 cases in this archive are cited by this case.

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.