345 Pa. Super. 457 - Commonwealth v. Nauman’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the case sub judice, appellant’s only witness had been an alibi witness. A correct jury instruction, therefore, was vital. Appellant’s counsel, however, did not request such an instruction; and when the court gave none, counsel failed to object. In the face of this obvious dereliction, appellant’s counsel testified at the P.C.H.A. hearing that he didn’t request a specific alibi instruction because he didn’t believe the alibi witness. Neither he nbr the Commonwealth has been able to explain how the failure to request an alibi instruction after the alibi witness had testified could reasonably be calculated to serve the best interests of counsel’s client. The witness had testified; the alibi evidence was before the jury; and appellant was entitled to a specific instruction from the court regarding its significance. When the trial court failed to deliver the required instruction, counsel had a duty to request it to do so and, if the request was denied, to preserve the court’s error by an appropriate objection. To fail in this respect was so unreasonable that it must be equated with constitutionally ineffective assistance.”

   2 later decisions quote this exact passage
   e.g. 395 Pa. Super. 608 - Commonwealth v. Weinder · 397 Pa. Super. 348 - Commonwealth v. Gainer

2. ““[b]efore a claim of ineffectiveness can be sustained, it must be determined that, in light of all the alternatives available to counsel, the strategy actually employed was so unreasonable that no competent lawyer would have chosen it.” Commonwealth v. Miller, 494 Pa. 229 , 431 A.2d 233 (1981). We inquire whether counsel made an informed choice, which at the time the decision was made reasonably could have been considered to advance and protect defendant’s interests. See Commonwealth v. Hill, 450 Pa. 477 , 301 A.2d 587 (1973). Thus, counsel’s assistance is deemed constitutionally effective once we are able to conclude the particular course chosen by counsel had some reasonable basis designated to effectuate his client’s interests. The test is not whether other alternatives were more reasonable, employing a hindsight evaluation of the record. Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 604 , 235 A.2d 349 (1967).”

   2 later decisions quote this exact passage
   e.g. 377 Pa. Super. 229 - Commonwealth v. Harner · 370 Pa. Super. 132 - Commonwealth v. Garcia

3. “[w]here, as here, appellant’s counsel gave notice of an alibi defense and actually introduced evidence of alibi, there can be no reasonable basis for failing to request an alibi instruction. See: Commonwealth v. Brunner, supra. See also: Commonwealth v. Hoang Khai Tran, 307 Pa.Super. 489 , 453 A.2d 993 (1982). There was nothing to lose and everything to gain by having the trial court explain to the jury that even if the jury did not wholly believe the alibi testimony it should nevertheless find appellant not guilty if it had a reasonable doubt about appellant’s presence at the time of the alleged offense. The failure to request such an instruction was ineffectiveness requiring a new trial.”

   1 later decision quote this exact passage
   e.g. 397 Pa. Super. 348 - Commonwealth v. Gainer