2004 Pa. Super. 342 - Commonwealth v. Baney’s Empirical Analysis

Citation profile

11 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. The Superior Court should initially consider only the Anders brief to determine whether the issues are in fact wholly frivolous. 2. If the Court determines that the issues are not wholly frivolous, it should grant relief accordingly. 3. If it finds the issues in the Anders brief to be wholly frivolous, the Court should determine whether the defendant has been given a reasonable amount of time to either file a pro se brief or obtain new counsel. See Anders, 386 U.S. at 744, 87 S.Ct. 1396 (“A copy of counsel’s brief should be furnished the indigent and time- allowed him to raise any points that he chooses”). 4. When a reasonable amount of time has passed and no pro se or counseled brief has been filed, the Court should dismiss the appeal as wholly frivolous pursuant to its initial determination and affirm'the decision of the trial court. 5. When a pro se or counseled brief has been filed within a reasonable amount of time, however, the Court should then consider the merits of the .issues contained therein and rule upon them accordingly.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Bennett