Commonwealth v. Johnson’s Empirical Analysis
1968
Citation profile
5 federal appellate · 53 state decisions
How this case has been cited
Cited by 58 later decisions — most recently January 1988 · most notably Commonwealth v. Sherard (1978), Commonwealth v. Via (1974)
5 federal appellate · 53 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 Douglas v. People of State of California · Culombe v. Connecticut · Brookhart v. Janis · Commonwealth Ex Rel. West v. Rundle · Commonwealth Ex Rel. Butler v. Rundle
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) For the purposes of this act, an issue is waived if: 7 (1) The petitioner knowingly and understandingly failed to raise it and it could have been raised before the trial, at the trial, on appeal, in a habeas corpus proceeding or any other proceeding actually conducted, or in a prior proceeding actually initiated under this act; and 8 (2) The petitioner is unable to prove the existence of extraordinary circumstances to justify his failure to raise the issue. 9 (c) There is a rebuttable presumption that a failure to appeal a ruling or to raise an issue is a knowing and understanding failure.”
2 later decisions quote this exact passage · from the majority“However, even though appellant did allege facts which if proven would have entitled him to relief, the court below could still have denied Johnson an evidentiary hearing if it found that the right to litigate the issues raised in the petition had been waived under section 4 of the Post Conviction Hearing Act. Commonwealth v. Snyder, 427 Pa. 83, 233 A.2d 530 (1967). Moreover, had the court below found such a waiver by virtue of the fact that appellant's first Post Conviction Hearing Act petition failed to raise the Douglas issue even though Johnson had counsel and the petition long post-dated the Douglas decision, we would have no difficulty affirming the denial of relief.”
1 later decision quote this exact passage
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.