2004 Pa. Super. 2 - Commonwealth v. Blick’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Supreme Court noted that an exception to the general rule may be created when there has been a complete or constructive denial of counsel or that counsel has breached his or her duty of loyalty: Grant, ... 813 A.2d at 738 n. 14. In addition, the appellate courts have carved out limited exceptions to the general rule set forth in Grant . For example, we will address ineffective assistance of trial counsel claims on direct appeal where the appellant would not be entitled to collateral relief due to the short duration of his sentence, Commonwealth v. Salisbury, 823 A.2d 914 (Pa.Super.2003), and where the ineffectiveness claim was raised in a timely post-sentence motion, developed at a hearing, and ruled upon by the trial court, Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 (2003); Com monwealth v. Hudson, 820 A.2d 720 (Pa.Super.2003). Moreover, this Court has recently addressed an ineffective assistance of trial counsel claim on direct appeal where the evidentiary record was complete and there was a trial court opinion addressing the claim. Commonwealth v. Causey, 833 A.2d 165 (Pa.Super.2003) (holding that Grant did not require dismissal of claim that counsel was ineffective in failing to challenge sufficiency of the evidence where the record was complete and trial court drafted opinion addressing the claim). We have also found an exception to Grant’s general rule where the ineffectiveness claim was raised in a Pa.R.A.P. 1925(b) statement, and the trial court filed a Pa.”

   1 later decision quote this exact passage
   e.g. 2005 Pa. Super. 48 - Commonwealth v. Kennedy

2. “In the case sub judice, we conclude that none of the exceptions enunciated supra apply. [The defendant] has not alleged a complete or constructive denial of counsel, and [the defendant] is not precluded from seeking collateral relief due to the [short] duration of his sentence. Moreover, the existing record is not adequately developed to enable this Court to address [the defendant’s] claims, and there is no trial court opinion addressing the merits of [the defendant’s] claims. As such, we conclude that the claims, based on the present state of the record, are best addressed on collateral review, and, therefore, we dismiss [the defendant’s] claims without prejudice so that he may seek relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. We note that [the defendant] requests that we overlook Grant and its progeny and remand this matter for an evidentia-ry hearing outside the framework of the PCRA. [The defendant] suggests that we should create an exception under Grant and remand for an evidentiary hearing whenever an appellant requests this avenue of relief. We decline to create such an exception and are compelled to follow the dictates of Grant and its progeny.”

   1 later decision quote this exact passage
   e.g. 2013 Pa. Super. 279 - Commonwealth v. Allen

3. “Waiting to raise claims on collateral review affords the opportunity to develop a factual basis for the claim that counsel’s performance did not meet the standard for effective assistance of trial counsel. Many of these claims are based on omissions, which, by their very nature, do not appear on the record and thus, require further fact-finding, extra-record investigation and where necessary, an evidentiary hearing. Related to this rationale is the general belief that an appellate court should not consider issues that were not raised and developed in the court below. Courts have recognized that this general rule and its accompanying rationale apply equally to ineffectiveness claims.”

   1 later decision quote this exact passage
   e.g. 2005 Pa. Super. 48 - Commonwealth v. Kennedy