323 Pa. Super. 181 - Commonwealth v. Klinger’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “With a decade and a half of federal appellate court experience behind me, I can say that even when we reverse a trial court it is rare that a brief successfully demonstrates that the trial court committed more than one or two errors. I have said in open court that when I read an appellant’s brief that contains ten or twelve points, a presumption arises that there is no merit to any of them. I do not say that it is an irrebuttable presumption, but it is a presumption that reduces the effectiveness of appellate advocacy. Appellate advocacy is measured by effectiveness, not loquaciousness.”

   3 later decisions quote this exact passage
   e.g. 347 Pa. Super. 154 - Commonwealth v. Sirbaugh · 398 Pa. Super. 58 - Commonwealth v. Phillips

2. “Our task in cases of alleged ineffectiveness of counsel encompasses both an independent review of the record and an examination of counsel’s stewardship of the now challenged proceedings in light of the available alternatives. However, our inquiry ceases and counsel’s assistance is deemed constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client’s interests. Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599 , 235 A.2d 349 (1967). We apply the Maroney test in two steps. We first determine whether the claim which counsel is charged with not pursuing had some reasonable basis. If the claim was baseless, counsel cannot be found ineffective. Only if the foregone claim is of arguable merit do we proceed to the second step of the Maroney standard whether counsel’s decision not to pursue the claim had some reasonable basis designed to protect his client’s interests. Commonwealth v. Hubbard, 472 Pa. 259 , 372 A.2d 687 (1977).”

   1 later decision quote this exact passage
   e.g. 336 Pa. Super. 609 - Commonwealth v. Jackson

3. “(b) Issues waived. — For the purposes of this subchapter an issue is waived if: 1) The petitioner knowingly and understanding^ failed to raise it and it could have been raised before the trial, at the trial, on appeal, in a habeas corpus proceeding or any other proceeding actually conducted or in prior proceeding actually initiated under this subchapter. 2) The petitioner is unable to prove the existence of extraordinary circumstances to justify his failure to raise the issue. (c) Presumption. — There is a rebuttable presumption that a failure to appeal a ruling or to raise an issue is a knowing and understanding failure.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Fuller