# Commonwealth v. Marshall

> Supreme Court of Pennsylvania · November 22, 2002 · 570 Pa. 545

URL: https://www.frixlaw.com/law-library/cases/9701437

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Respondent v. Jerry J. MARSHALL, Jr., Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** November 22, 2002
- **Citations:** 570 Pa. 545; 810 A.2d 1211; 2002 Pa. LEXIS 2400
- **Precedential status:** Published
- **Opinion:** Concurrence by Cappy
- **Judges:** Zappala, C.J., and Cappy, Castille, Nigro, Newman, Saylor and Eakin
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9701437

## How later opinions describe it (automated extraction)

- rejecting argument based on statistics because “Appellant has failed to provide any link between the findings of this statistical abstract and his particular case”
- rejecting an appellant's Batson claim based on the McMahon videotape because the claim had no grounding in the particular facts of the appellant's case

## Opinion text

Justice CAPPY,
concurring.
I cannot join the majority opinion to the extent that it reviews Appellant’s arguments as claims of trial court error. Appellant presents some of his claims in terms of trial court error and the majority opinion addresses those claims in kind. I cannot join the merits analysis as to those claims, since Appellant failed to comply with the Pierce 1 standard of ineffectiveness and thus, such claims are waived. See, e.g., Commonwealth v. Albrecht, 554 Pa. 31 , 720 A.2d 693 (1998)(eliminating relaxed waiver in capital cases for purposes of collateral review).
In all other respects, I join the majority opinion.
. Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1987).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9701437. Public record. Not legal advice.