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· 1/26/2011

Morris v. Beard

Citations

  • 633 F.3d 185
  • 2011 U.S. App. LEXIS 1551
  • 2011 WL 223017

How courts have described this case

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

  • explaining that an evidentiary hearing is warranted only if there are “critical issues of material fact” that remain unresolved
  • explaining that prior to October 20, 1998, Pennsylvania courts “refused to enforce procedural rules — such as the PCRA’s one-year statute of limitations — in capital cases”
  • applying the relaxed waiver rule to statute of limitations for PCRA appeals because the default occurred in 1996
  • an evidentiary hearing is warranted if there are “critical issues of material fact that remain unresolved
  • “[T]he absence of an on-the- record colloquy does not automatically preclude a valid waiver of a conflict of interest. Such a colloquy is the preferred course, however . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Chagares, Hardiman, Stapleton

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.