383 Pa. Super. 139 - Commonwealth v. Melson’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At issue is trial counsel’s failure to seek suppression of Markowitz’s in-court identification and testimony. The burden of establishing ineffective assistance of counsel rests on the defendant, as counsel is presumed to be effective. Commonwealth v. McNeil, 506 Pa. 607 , 487 A.2d 802 (1985). In order to prevail, defendant has the burden of establishing that: (1) counsel was arguably ineffective due to an act or omission; (2) the challenged act or omission could not objectively have furthered defendant’s interests; and (3) defendant was prejudiced in that, but for the challenged act or omission, there was a reasonable probability the outcome of the trial would have been more favorable. See Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); Commonwealth v. Petras, 368 Pa. Super. 372, 376 , 534 A.2d 483, 484-85 (1987). Where the challenge is to a failure to move for suppression of evidence, the defendant must establish that there was no reasonable basis for not pursuing the suppression claim and that if the evidence had been suppressed, there is a reasonable probability the verdict would have been more favorable. Kitrell v. Dakota, 373 Pa. Super. 66, 72-73 , 540 A.2d 301, 306 (1988).” Id. at 145 , 556 A.2d at 838 .”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Johnson · Commonwealth v. Taverno