# Commonwealth v. Marshall

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

URL: https://www.frixlaw.com/law-library/cases/9701439

## 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:** Dissent by Saylor
- **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/9701439

## 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 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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9701439. Public record. Not legal advice.