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· 7/6/2009

Commonwealth v. Stout

Citations

  • 978 A.2d 984
  • 2009 Pa. Super. 122
  • 2009 Pa. Super. LEXIS 2196

How courts have described this case

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

  • concluding that where appellant filed “Writ of Habeas Corpus Ad Subjiciendum” alleging jurisdictional defects, appellant was obligated to proceed under the PCRA
  • applying for a writ of habeas corpus as a tactical choice to evade the timeliness requirements of the PCRA is not permitted
  • vacating order denying appellant’s improperly titled petition for writ of habeas corpus and remanding for appointment of PCRA counsel
  • vacating order denying the appellant’s improperly titled petition for writ of habeas corpus and remanding for the appointment of PCRA counsel
  • “for the most part, the PCRA has subsumed the writ of habeas corpus as a means for obtaining post-conviction relief from a judgment of sentence.”
  • PCRA, not petition for habeas corpus, provided prisoner with remedy for allegations that court lacked jurisdiction and authority to prosecute him

Source: CourtListener parenthetical corpus (CC0).

Judges: Elliott

Read full opinion on CourtListener

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.