Opinion

Commonwealth v. Hudson

  • 2003 Pa. Super. 104
  • 820 A.2d 720
  • 2003 Pa. Super. LEXIS 410
Court
Superior Court of Pennsylvania
Filed
Mar 18, 2003
Status
Published
Author
Elliott
On the bench
Elliott, Melvin, Graci
Cited by
62 cases

stating, “[the defendant] did not direct a motion for recusal to the trial judge following the court’s rejection of his plea agreement, and we find no merit to his argument that a recusal motion can somehow be inferred from his request to present the plea to a different judge”

How later courts described this case

  • stating, “[the defendant] did not direct a motion for recusal to the trial judge following the court’s rejection of his plea agreement, and we find no merit to his argument that a recusal motion can somehow be inferred from his request to present the plea to a different judge”
  • stating “we may not reach the merits of [the] claims where the Commonwealth has object[ed] to the omission of the statement”
  • finding sentencing claim waived for review where Commonwealth objected to omission of Rule 2119(f) statement
  • holding waiver required where Commonwealth specifically objects to absence of rule 2119(f) statement

Written by the judges who cited it.

The opinion

CONCURRING STATEMENT BY

FORD ELLIOTT, J.:

¶ 1 While I join the disposition on the merits, I write separately to concur only in the majority’s analysis of Commonwealth v. Grant. I believe Grant allows this court to resolve ineffectiveness claims on direct appeal as long as there is an adequate record on the issue before this court. This is true regardless of whether the issue has been addressed by the trial court in the first instance.

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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