Com. v. Shaw

4 Citing cases

  1. Com. v. Ellis

    398 Pa. Super. 538 (Pa. Super. Ct. 1990)   Cited 30 times
    In Commonwealth v. Ellis, 398 Pa. Super. 538, 581 A.2d 595 (1990), appeal allowed 528 Pa. 636, 598 A.2d 992 (1991), we had occasion to consider and revisit this court's policy regarding pro se briefs.

    Having held so, we need to reexamine a recent decision from a panel of this court. In Commonwealth v. Shaw, 379 Pa. Super. 491, 550 A.2d 555 (1988), the panel believed that they had to address appellant's pro se arguments due to the Pennsylvania Supreme Court's per curiam order in Commonwealth v. Gaerttner, 518 Pa. 452, 543 A.2d 1091 (1988), which remanded a case to this court for consideration of the issues raised in the pro se brief. For the following reasons, we no longer abide by the Shaw principle concerning pro se briefs.

  2. Com. v. Troop

    391 Pa. Super. 613 (Pa. Super. Ct. 1990)   Cited 31 times
    Concluding that multiple conspiracies existed based upon co-conspirator testimony concerning separate agreements to commit the crimes

    Although appellant expresses no dissatisfaction with counsel's performance, he couches these claims in ineffectiveness terms. Pursuant to Commonwealth v. Gaerttner, 518 Pa. 452, 543 A.2d 1091 (1988), see also Commonwealth v. Shaw, 379 Pa. Super. 491, 495 n. 2, 550 A.2d 555, 557 n. 2 (1988); but see Commonwealth v. Aultman, 387 Pa. Super. 113, 119, 563 A.2d 1210, 1216 (1989), we have carefully reviewed the record in light of appellant's pro se allegations, and we find his claims to be meritless. Judgment of sentence affirmed.

  3. Com. v. Merigris

    452 Pa. Super. 78 (Pa. Super. Ct. 1996)   Cited 41 times
    Holding the time accrued toward a federal sentence cannot be applied to a state sentence

    This court has explained that the principle behind statutory credit is that the defendant should be given credit for time spent in custody before being sentenced for a given offense. Commonwealth v. Shaw, 379 Pa. Super. 491, 499, 550 A.2d 555, 559 (1988), allocatur denied, 524 Pa. 607, 569 A.2d 1366 (1989). Merigris relies on our opinions in Commonwealth v. Frank, 263 Pa. Super. 452, 398 A.2d 663 (1979) and in Commonwealth v.Hollawell, 413 Pa. Super. 42, 604 A.2d 723 (1992), to support his argument that he should receive credit for time served toward both the federal and the state sentences.

  4. Com. v. Hollawell

    413 Pa. Super. 42 (Pa. Super. Ct. 1992)   Cited 62 times
    Holding that credit awarded to one set of charges cannot be transferred to another

    The principle underlying this statute is that a defendant should be given credit for time spent in custody prior to sentencing for a particular offense. Commonwealth v. Shaw, 379 Pa. Super. 491, 499, 550 A.2d 555, 559 (1988), allocatur denied 524 Pa. 607, 569 A.2d 1366 (1989). Our exhaustive research finds no Pennsylvania case directly on point with the facts of the instant case.