321 Pa. Super. 1 - Commonwealth v. Moore’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although appellant filed after the expiration of the thirty day limit, see 42 Pa.C.S.A. § 5571(a) and Pa.R.A.P. 903(a), this Court allowed the appeal nunc pro tunc on April 22, 1981, per order requiring the parties to argue in their briefs the issue of the timeliness of the petition to appeal. Both parties have done so. Appellant has explained in his Reply Brief that the five month delay was due solely to “counsel’s inadvertence.” After the September 8 order, appellant’s counsel moved his office and the file, including the completed petition, was misfiled. Appellant’s file was not discovered until five months later and, upon discovery, the petition was immediately filed. Because this Court did allow the appeal nunc pro tunc and the parties have briefed the issues, we need not quash the appeal as untimely where appellant was not at fault in causing the delay.”

   1 later decision quote this exact passage
   e.g. 2001 Pa. Super. 208 - Commonwealth v. Robinson

2. “[CJounsel had a reasonable basis for not requesting a pretrial lineup. First, there is no constitutional right to a lineup. Commonwealth v. Evans, 460 Pa. 313 , 333 A.2d 743 (1975). More significantly, all three prosecution wit nesses knew appellant from the neighborhood and had observed him during the robberies. They could have, therefore, easily identified him at any lineup, thereby strengthening the Commonwealth’s case. Accordingly, counsel might have been deemed ineffective had he requested a lineup.”

   1 later decision quote this exact passage
   e.g. 362 Pa. Super. 282 - Commonwealth v. Cruz