267 Pa. Super. 359 - Commonwealth v. Reider’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Commonwealth v. McCall, supra, the petitioner alleged that his trial counsel promised the petitioner that if he pleaded guilty he would get a sentence of two and one-half to five years, rather than the three to ten year sentence he did receive. In McCall , the PCHA hearing court denied the petition at issue without a hearing. This court reversed and remanded for an evidentiary hearing. In our McCall opinion, we quoted at length from our earlier opinion in Commonwealth v. Strader, 262 Pa.Super. [166] at 174, 396 A.2d [697] at 702, in which we wrote, “The petition alleges, inter alia that appellant’s plea was unlawfully induced because counsel failed to conduct an appropriate investigation or prepare an adequate defense to the charge of rape, counsel failed to move to suppress an identification procured in a suggestive manner, and counsel persistently advised Petitioner that a deal for “3 to 8 was better than 10 to 20” and that he should enter a guilty plea on pragmatic grounds rather than on grounds of innocence or guilty.’ Upon an examination of the record before us, we cannot say that appellant’s claims are patently frivolous or without support on the record. Even though the Commonwealth disputes appellant’s allegations and even though appellant stated at his guilty plea colloquy that his plea was not induced by anything other than the sentence agreement and that he was satisfied with the representation he received from his counsel, the record does not clearly refute appe”

   1 later decision quote this exact passage
   e.g. 298 Pa. Super. 180 - Commonwealth v. Henderson

2. “The lower court shall appoint counsel to represent appellant, and shall conduct a hearing at which the court shall consider: first, the allegations in appellant’s first petition that guilty plea counsel was ineffective; and second, the allegations in appellant’s second petition, as it may be amended, that guilty plea counsel was ineffective, to the extent that the court determines that appellant’s failure to include these allegations in his first petition is attributable to the ineffectiveness of appointed counsel who represented appellant on his first petition.”

   1 later decision quote this exact passage
   e.g. 343 Pa. Super. 270 - Commonwealth v. Reider

3. “[T]he court may deny a hearing if the petitioner’s claim is patently frivolous and is without a trace of support either in the record or from other evidence submitted by the petitioner. The court may also deny a hearing on a specific question of facts when a full and fair evidentiary hearing upon that question was held at the original trial or at any later proceeding.”

   1 later decision quote this exact passage
   e.g. 323 Pa. Super. 142 - Commonwealth v. Pulling