2011 Pa. Super. 113 - Commonwealth v. Carter’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this case, the PCRA court did not make — in fact, could not make — any factual findings regarding whether counsel adequately consulted with Appellant because it dismissed Appellant’s PCRA petition without first holding an evidentia-ry hearing at which trial counsel could testify with regard to his communications with Appellant. In doing so, the PCRA court erred. By denying a hearing, the PCRA court first concluded that Appellant did not establish that a hearing was warranted because a letter received from trial counsel neither stated or implied that trial counsel failed to consult with Appellant, and Appellant did not certify trial counsel as a proposed witness within his PCRA petition. We cannot agree. As stated in Touw , a PCRA court must make factual findings regarding whether trial counsel adequately consulted with a criminal defendant regarding the advantages and disadvantages of filing an appeal. Of necessity, such factual findings must be based on testimony from trial counsel at an evidentiary hearing.”

   1 later decision quote this exact passage
   e.g. 2013 Pa. Super. 113 - Commonwealth v. McDermitt

2. “Counsel is presumed effective and will only be deemed ineffective if the petitioner demonstrates that counsel’s performance was deficient and he was prejudiced by that deficient performance. Prejudice is established if there is a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. To properly plead ineffective assistance of counsel, a petitioner must plead and prove: (1) that the underlying issue has arguable merit; (2) counsel’s actions lacked an objective reasonable basis; and (3) actual prejudice resulted from counsel’s act or failure to act. If a petitioner fails to plead or meet any elements of the above-cited test, his claim must fail.”

   1 later decision quote this exact passage
   e.g. 2012 Pa. Super. 98 - Commonwealth v. Ford