2004 Pa. Super. 87 - Commonwealth v. Wright’s Empirical Analysis

Citation profile

20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Admittedly, one of the concerns ... is that [ ] directing] courts, following reinstatement of appellate rights nunc pro tunc, to address any remaining claims of trial counsel ineffectiveness [results] in what is basically an “advisory” opinion. We are aware of the general prohibition against the issuance of merely advisory opinions. However, this concern will be alleviated and specific findings on ineffectiveness claims made a part of the record on review if trial courts grant post-sentence motions nunc pro tunc along with reinstatement of direct appeal rights. Therefore, in line with our decision today, henceforth, if the PCRA court determines that, in fact, appellate counsel was ineffective for failing to file a requested direct appeal and reinstates the petitioner’s direct appeal rights nunc pro tunc, the court shall also reinstate the petitioner’s right to file post-sentence motions or amended post-sentence motions nunc pro tunc. The petitioner can then raise whatever “other” claims of counsel ineffectiveness he/she wants to in post-sentence motions; the trial court can hold an evidentiary hearing, if warranted, perfect the record for review, and reach a final decision on the merits. In this way, the trial court’s decision results in an appealable ruling, and the trial court will not be compelled to issue a merely “advisory” opinion. The record will also be complete so that this court may review the appellant’s ineffectiveness claims on the ensuing direct appeal, consiste”

   1 later decision quote this exact passage
   e.g. 2009 Pa. Super. 235 - Commonwealth v. Fransen

2. “With respect to the weight of the evidence claim, we note that “an allegation that the verdict is against the weight of the evidence is addressed to the discretion of the trial court.” Commonwealth v. Sullivan, 820 A.2d 795, 805-06 (Pa.Super.2003). “Appellate review of a weight claim is a review of the exercise of discretion, not of the underlying question of whether the verdict is against the weight of the evidence.” Commonwealth v. Widmer, 560 Pa. 308 , 744 A.2d 745, 753 (2000). “A new trial should be awarded when the jury’s verdict is so contrary to the evidence as to shock one’s sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail.” Sullivan, 820 A.2d at 806 .”

   1 later decision quote this exact passage
   e.g. 2008 Pa. Super. 243 - Commonwealth v. King

3. “The PCRA court did not restore Appellant's right to file a post-sentence motion nunc pro tunc. The PCRA court only reinstated Appellant’s direct appeal rights nunc pro tunc. Indeed, in his PCRA petition Appellant did not seek the restoration of his right to file a post-sentence motion nunc pro tunc. Since Appellant’s right to file a post-sentence motion was not restored nunc pro tunc, the trial court should not have entertained Appellant’s post-sentence motion which was clearly untimely.”

   1 later decision quote this exact passage
   e.g. 2007 Pa. Super. 211 - Commonwealth v. Grafton