447 Pa. Super. 381 - Commonwealth v. Fischetti’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) counsel must petition the court for leave to withdraw stating that after making a conscientious examination of the record it has been determined that the appeal would be frivolous; (2) counsel must file a brief referring to anything that might arguably support the appeal, but which does not resemble a “no merit” letter or amicus curiae brief; and (3) counsel must furnish a copy of the brief to defendant and advise him of his right to retain new counsel, proceed pro se or raise any additional points that he deems worthy of the court’s attention.”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Townsend · 2000 Pa. Super. 312 - Commonwealth v. Ferguson

2. “McClendon [Anders ] requires that counsel review the record for any available claims an indigent appellant might have. Indigent appellants are not generally equipped with the knowledge of the law required to discern what constitutes error and what does not. Consequently, it is incumbent upon court appointed counsel to review the record generally and not solely with respect to those issues which an unlearned, indigent appellant has set forth.”

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

3. “[a]n appeal is frivolous where it lacks any basis in law or fact.”

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