Commonwealth v. Cheeks’s Empirical Analysis
1968
Citation profile
4 federal appellate · 82 state decisions
How this case has been cited
Cited by 92 later decisions — most recently March 1997 · most notably Commonwealth v. Sullivan (1977), Commonwealth v. Tarver (1981)
4 federal appellate · 82 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Pointer v. Texas · Douglas v. Alabama · Davis v. North Carolina · Commonwealth Ex Rel. Washington v. Maroney · Turner v. Commonwealth of Pennsylvania
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 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t would be manifestly unfair to hold appellant to a waiver when this waiver is alleged to have occurred at a time when neither the defendant nor his attorney had any way of knowing that there existed a right to be waived.”
2 later decisions quote this exact passage · from the majority““[t]he overall import of a § 4 waiver is that a petitioner may not raise an issue in a Post Conviction Hearing Act proceeding if he has had any previous opportunity to raise the issue, but failed to do so, provided however that this failure was knowing and understanding and that there are no extraordinary circumstances attendant upon the failure to raise [the issue] ... It would be manifestly unfair to hold [a petitioner] to a waiver when this waiver is alleged to have occurred at a time when neither [petitioner] nor his attorney had any way of knowing that there existed a right to be waived.””
1 later decision quote this exact passage · from the majority““. . .an issue is waived if: (1) The petitioner knowingly and understanding^ failed to raise it and it could have been raised ... on appeal [or] in a habeas corpus proceeding . . .””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.