Opinion

Commonwealth v. Marshall

  • 570 Pa. 545
  • 810 A.2d 1211
  • 2002 Pa. LEXIS 2400
Court
Supreme Court of Pennsylvania
Filed
Nov 22, 2002
Status
Published
Author
Saylor
On the bench
Zappala, C.J., and Cappy, Castille, Nigro, Newman, Saylor and Eakin
Cited by
25 cases
Authority
More cited than 8.8%

rejecting argument based on statistics because “Appellant has failed to provide any link between the findings of this statistical abstract and his particular case”

How later courts described this case

  • rejecting argument based on statistics because “Appellant has failed to provide any link between the findings of this statistical abstract and his particular case”
  • Appellant argued that the trial court’s appointment of psychological testing was improper; the record did not support this representation of *667 the facts and as such the issue was held to have no merit
  • 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
  • reviewing merits of claim with "boilerplate” allegations of ineffective assistance

Written by the judges who cited it.

The opinion

Justice SAYLOR,

dissenting.

I find the allegations and affidavits of the amended petition sufficient to implicate an evidentiary hearing pursuant to Commonwealth v. Williams, 557 Pa. 207 , 732 A.2d 1167 (1999). Since no such post-conviction hearing was afforded, I respectfully dissent.

Justice NEWMAN joins this dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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