426 Pa. Super. 144 - Commonwealth v. Smith’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is not difficult to empathize with the trial court's frustration when appellant, after a jury already had been selected, sought the dismissal of his lawyer and the appointment of new counsel. Appellant was unable to demonstrate irreconcilable differences between himself and his lawyer, and his request to replace counsel may well have been calculated to delay the trial. Under the circumstances, the trial court would not have abused its discretion by denying appellant's request to dismiss his public defender . The trial court committed error, however, when it excused counsel from representing appellant and forced appellant to proceed pro se . That appellant did not want to proceed pro se is clear . He told the court that he did not know how to defend himself and had no knowledge regarding "motions, how to do anything along these lines." In the face of this, it is clear that appellant did not voluntarily waive the right to be represented by counsel. Instead, he was literally forced by the court to represent himself without being apprised of the consequences and pitfalls thereof. This, the courts have refused to countenance.”

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

2. “Instantly, we find that appellant did not tender a knowing and voluntary waiver of his right to counsel. No colloquy was conducted to inform appellant, inter alia, of the permissible range of punishments, possible defenses, and the danger of permanently losing his right to assert defenses and other rights if they are not raised at trial. Rather he was merely given a choice between proceeding by himself or with counsel in whom he had no confidence and who had herself filed a petition to withdraw. Accordingly, we find that by effectively forcing appellant to proceed pro se , the trial court denied appellant his constitutionally guaranteed right to counsel.”

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

3. ““A person is guilty of aggravated assault if he: “(1) attempts to cause serious bodily injury to another”

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