2000 Pa. Super. 264 - Commonwealth v. Bethea’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our standard of review in ineffectiveness cases is well-settled. Counsel is presumed effective,' and the appellant has the burden of proving otherwise. Appellant establishes ineffectiveness of counsel with a demonstration that: (1) the underlying claim is of arguable merit; (2) counsel’s action or inaction was not grounded on any reasonable basis designed to effectuate Appellant’s interest; and (3) there is a reasonable probability that the act or omission prejudiced Appellant in such a way that the outcome of the proceeding would have been different. If the issue underlying the charge of ineffectiveness is not of arguable merit, counsel will not be deemed ineffective for failing to pursue a merit-less issue. Also, if the prejudice prong of the ineffectiveness standard is not met, “the claim may be dismissed on that basis alone and [there is no] need [to] determine whether the [arguable merit] and [client’s interests] prongs have been met.””

   1 later decision quote this exact passage
   e.g. 2002 Pa. Super. 365 - Commonwealth v. Kohler