2005 Pa. Super. 216 - Commonwealth v. Kersteter’s Empirical Analysis
2005
Citation profile
5
cited by 5 later decisions
1
states following
February 2017
most recently cited
5 state decisions
Relationships
Relies on Commonwealth v. Grant · Commonwealth v. Kimball · Commonwealth v. Halley · Commonwealth v. Zuber · Commonwealth v. Meadows
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.
““A criminal defendant has the right to effective counsel during a plea process as well as during trial.” [Commonwealth v. Hickman, 799 A.2d 136, 141 (Pa.Super. 2002) ]. “A defendant is permitted to withdraw his guilty plea under the PCRA if ineffective assistance of counsel caused the defendant to enter an involuntary plea of guilty.” Commonwealth v. Kersteter, 877 A.2d 466, 468 (Pa.Super. 2005). We conduct our review of such a claim in accordance with the three-pronged ineffectiveness test under section 9543(a)(2)(ii) of the PCRA, 42 Pa. C.S.A. § 9543(a)(2)(h). See [Commonwealth v.] Lynch[, 820 A.2d 728, 732 (Pa.Super. 2003) ]. “The voluntariness of the plea depends on whether counsel’s advice was within the range of competence demanded of attorneys in criminal cases.” Id. at 733 (quoting Commonwealth v. Hickman, 2002 PA Super 152 , 799 A.2d 136, 141 (Pa.Super. 2002)). In order for Appellant to prevail on a claim of ineffective assistance of coun sel, he must show, by a preponderance of the evidence, ineffective assistance 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. Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (Pa. 1999). Appellant must demonstrate: (1) the underlying claim is of arguable merit; (2) that counsel had no reasonable strategic basis for his or her action or inaction; and (3) but for the errors and omissions of cou”
3 later decisions quote this exact passage“A defendant is permitted to withdraw his guilty plea under the PCRA if ineffective assistance of counsel caused the defendant to enter an involuntary plea of guilty.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.