259 Pa. Super. 204 - Commonwealth v. Crowley’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) Direction to file statement or matters complained of. If the lower court is uncertain as to the basis for the appeal, the lower court may direct the appellant forthwith to file of record in the lower court and serve on the trial judge a concise statement of the matters complained of on the appeal. A failure to comply with such direction may be considered by the appellate court as a waiver of all objections to the order, ruling or other matter complained of.”

   2 later decisions quote this exact passage
   e.g. 310 Pa. Super. 516 - Commonwealth v. Van Jordan · 297 Pa. Super. 410 - Commonwealth Ex Rel. Kunkin v. Bruck

2. ““If on remand it is determined that counsel’s decision not to contest the petition was reasonable, and not based on neglect, then counsel should not be held ineffective. If, however, it is determined that counsel had no reasonable basis for his failure to object, and that an objection would have been arguably meritorious, then the lower court should find counsel ineffective and award appellant a hearing on the petition. If, following such a hearing, the court determines that the extension was properly granted, then the judgment of sentence should be affirmed. If, however, the court determines that the extension should not have been granted, then the charges against appellant should be dismissed and appellant should be discharged.””

   1 later decision quote this exact passage
   e.g. 281 Pa. Super. 26 - Commonwealth v. Crowley

3. ““or under his control,” was added by the 1974 Amendment. This Amendment manifests a legislative awareness of the difficulties of proving constructive possession in cases arising in prisons, because of the difficulty of proving “exclusive control” or “equal access.” By permitting conviction upon proof of “control” only, the legislature avoided this difficulty.”

   1 later decision quote this exact passage
   e.g. 297 Pa. Super. 400 - Commonwealth v. Burkley