397 Pa. Super. 348 - Commonwealth v. Gainer’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[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 [designed] 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). Commonwealth v. Dunbar, 503 Pa. 590, 596 , 470 A.2d 74, 77 (1983). See also: Commonwealth v. Akers, 392 Pa.Super. 170 , [189-190], 572 A.2d 746, 755-756 (1990); Commonwealth v. Harner, 377 Pa.Super. 229, 243-244 , 546 A.2d 1241, 1247-1248 (1988).”

   2 later decisions quote this exact passage
   e.g. 403 Pa. Super. 342 - Commonwealth v. Purcell · 419 Pa. Super. 1 - Commonwealth v. Harper

2. “The Commonwealth attempts to distinguish these Supreme Court decisions because they involved refusals by trial courts to give an alibi instruction and did not hold that trial counsel was ineffective for failing to request such an instruction. This is a distinction without a difference. In either event, the jury was not adequately instructed.”

   1 later decision quote this exact passage
   e.g. 424 Pa. Super. 341 - Commonwealth v. Allison

3. “Where an alibi defense is presented, such an instruction is necessary due to the danger that the failure to prove the defense will be taken by the jury as a sign of the defendant’s guilt.”

   1 later decision quote this exact passage
   e.g. 2004 Pa. Super. 122 - Commonwealth v. Hawkins