2006 Pa. Super. 235 - Commonwealth v. Bath’s Empirical Analysis
2006
Citation profile
11
cited by 11 later decisions
1
states following
January 2014
most recently cited
11 state decisions
Relationships
Relies on Roe, Warden v. Flores-Ortega · Commonwealth v. Kimball · Commonwealth v. Lantzy · Commonwealth v. Allen · Commonwealth v. Liebel
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Case law] impose a duty on counsel to adequately consult with the defendant as to the advantages and disadvantages of an appeal where there is reason to think that a defendant would want to appeal. The failure to consult may excuse the defendant from the obligation to request an appeal ... such that counsel could still be found to be ineffective in not filing an appeal even where appellant did not request the appeal. * * * Pursuant to Roe 6 and Touw, 7 counsel has a constitutional duty to consult with a defendant about an appeal where counsel has reason to believe either (1) that a rational defendant would want to appeal (for example, because there are nonfrivolous grounds for appeal), or (2) that this particular defendant reasonably demonstrated to counsel that he was interested in appealing.”
1 later decision quote this exact passage““(1) that the claim is of arguable merit; (2) that counsel had no reasonable strategic basis for his or her action or inaction; and, (3) that, but for the errors and omissions of counsel, there is a reasonable probability that the outcome of the proceedings would have been different.” Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999). The failure to satisfy any prong of this test will cause the entire claim to fail. See Commonwealth v. Bridges, 584 Pa. 589 , 886 A.2d 1127, 1131 (2005). Finally, “counsel is presumed to be effective and [the defendant] has the burden of proving otherwise.” Commonwealth v. Pond, 846 A.2d 699, 708 (Pa.Super.2004).”
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.