2005 Pa. Super. 46 - Commonwealth v. Miller’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[If a PCRA court] creates a record on the additional ineffectiveness claims a petitioner raises in the PCRA petition requesting reinstatement of direct appellate rights, that petitioner may be able to obtain review of those claims in the direct appeal, if one is granted. The Supreme Court carved out an exception to Grant in [ Bomar, supra ], permitting review of ineffectiveness claims on direct appeal where a sufficient record concerning the claims had been established. Thus, ineffectiveness claims that were developed in the PCRA court may be reviewed in the nunc pro tunc direct appeal, along with any other appealable claims the appellant chooses to raise.”

   4 later decisions quote this exact passage
   e.g. 2009 Pa. Super. 235 - Commonwealth v. Fransen · Commonwealth v. Liston

2. “To prevail on a claim that counsel was constitutionally ineffective, the [petitioner] must overcome the presumption of competence by showing that: (1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed to effectuate his interests; and (3) but for counsel’s ineffectiveness, there is a reasonable probability that the outcome of the challenged proceedings would have been different. A failure to satisfy any prong of the test for ineffectiveness will require rejection of the claim. ❖ * * To prevail on a claim of ineffectiveness for failure to call a witness, the [petitioner] must demonstrate that: (1) the witness existed; (2) the witness was available; (3) trial counsel was informed of the existence of the witness or should have known of the witness’ existence; (4) the witness was prepared to cooperate and would have testified on [the petitioner’s] behalf; and (5) the absence of the testimony prejudiced [the petitioner].”

   1 later decision quote this exact passage
   e.g. 2008 Pa. Super. 128 - Commonwealth v. Hammond

3. “Thus, a PCRA court may act as a fact-finder and issue ‘advisory’ opinions that will aid in the ultimate disposition of the claims. See Commonwealth v. Marinez, 111 A.2d 1121, 1125 (Pa.Super.2001) (using the PCRA court’s evidentiary hearing and credibility determinations as part of the record to decide the case on direct appeal). This function of the PCRA court is more valuable than ever to a PCRA petitioner since the Supreme Court’s decision in [ Grant, supra ].”

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