365 Pa. Super. 65 - Commonwealth v. Moore’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Ordinarily, a party on appeal who seeks to challenge a guilty [or no contest] plea must first have filed a motion to withdraw the plea in the court where it was entered.’ [citation omitted]. However, ‘the failure to file a petition to withdraw an unlawfully induced plea does not result in a waiver where such failure is due to ineffectiveness of counsel.’ [citation omitted]. A claim of ineffectiveness is an extraordinary circumstance which prevents waiver of claims, [citation omitted]. Here, appellant’s claim that counsel failed to file a motion to withdraw is a sufficient allegation of ineffectiveness to prevent waiver.””

   1 later decision quote this exact passage
   e.g. 433 Pa. Super. 421 - Commonwealth v. Jones

2. “(1) Does the defendant understand the nature of the charges to which he is pleading guilty? (2) Is there a factual basis for the plea? (3) Does the defendant understand that he has the right to trial by jury? (4) Does the defendant understand that he is presumed innocent until he is found guilty? (5) Is the defendant aware of the permissible ranges and/or fines for the offenses charged? (6) Is the defendant aware that the judge is not bound by the terms of any plea agreement tendered unless the judge accepts such an agreement?”

   1 later decision quote this exact passage
   e.g. 387 Pa. Super. 453 - Commonwealth v. Terreforte