2003 Pa. Super. 336 - Commonwealth v. Gadsden’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Pennsylvania Supreme Court recently addressed the question of whether a claim of ineffectiveness of counsel for failing to perfect a petition for allo-catur raises a cognizable PCRA claim. Commonwealth v. Liebel, 573 Pa. 375 , 825 A.2d 630 (2003). In Liebel , appellate counsel promised the petitioner that he would file a petition for allocatur on the petitioner’s behalf with our Supreme Court. Nevertheless, counsel failed to file the petition. Under these circumstances, the Court concluded that appellate counsel had provided the petitioner with no representation at all on the petition for allocatur, violating the petitioner’s rule-based right to counsel under Rule 122(C)(3) of the Pennsylvania Rules of Criminal Procedure. n2 Id. at 379-381 , 825 A.2d at 633 . Although the Court acknowledged that a petitioner does not have a right to allowance of appeal, the Court also explained, “provided that appellate counsel believes that the claims that a petitioner would raise in a [petition for allowance of appeal to the Supreme Court] would not be completely frivolous, a petitioner certainly has a right to file such a petition [under Pa.R.A.P. 1112].” Id. at 384 , 825 A.2d at 635 (emphasis added). In light of the petitioner’s rule-based right to file a petition for allocatur and his rule-based right to counsel, the Court held that the petitioner had raised a cognizable ineffective assistance of counsel claim under the PCRA, without having to show whether the Pennsylvania Supreme Co”

   1 later decision quote this exact passage
   e.g. 2004 Pa. Super. 214 - Commonwealth v. Cooke

2. “To prevail on a claim alleging counsel’s ineffectiveness under the PCRA, appellant must demonstrate (1) that the underlying claim is of arguable merit; (2) that counsel’s course of conduct was without any reasonable basis designed to effectuate his client’s interest; and (3) that he was prejudiced by counsel’s ineffectiveness; i.e., there is a reasonable probability that but for the act or omission in question the outcome of the proceeding would have been different.' Commonwealth v. Rivera, 2003 PA Super 29 , 816 A.2d 282, 288 (Pa.Super.2003). The PCRA does not impose a more onerous burden on an appellant alleging ineffective assistance of counsel than that required on direct appeal. Commonwealth v. Kimball, 555 Pa. 299, 724 A.2d 326 (1999). Generally, an ineffective assistance of counsel claim is cognizable under Section 9543(a)(2)(ii) of the PCRA, which states a petitioner must plead and prove by a preponderance of the evidence “ineffectiveness of counsel which, in the circumstances of the particular case, so undermined the truth determining process that no reliable adjudication of guilt or innocence could have taken place.” 42 Pa.C.S.A. § 9543(a)(2)(h).”

   1 later decision quote this exact passage
   e.g. 2004 Pa. Super. 214 - Commonwealth v. Cooke

3. “[C]ounsel has a constitutionally-imposed duty to consult with the defendant about an appeal when there is reason to think either (1) that a rational defendant would want to appeal (for example, because there are non-frivolous grounds for appeal), or (2) that this particular defendant reasonably demonstrated to counsel that he was interested in appealing. In making this determination, courts must take into account all the information counsel knew or should have known. [Id. at 480, 120 S.Ct. 1029 ]. A deficient failure on the part of counsel to consult with the defendant does not automatically entitle the defendant to reinstatement of his or her appellate rights; the defendant must show prejudice. The [Roe ] Court held that “to show prejudice in these circumstances, a defendant must demonstrate that there is a reasonable probability that, but for counsel’s deficient failure to consult with him about an appeal, he would have timely appealed.” [I d.]”

   1 later decision quote this exact passage
   e.g. 2011 Pa. Super. 113 - Commonwealth v. Carter