Commonwealth v. Whiting’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Our task in cases of this nature therefore encompasses both an independent review of the record, . and an examination of counsel’s stewardship of the now challenged proceedings in light of the available alternatives. . . . We cannot emphasize strongly enough, however, that our inquiry ceases and counsel’s assistance is determined constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client’s interest. The test is not whether the alternatives were more reasonable, employing a hindsight evaluation of the record. Although weigh the alternatives we must, the balance tips in favor of a finding of effective assistance as soon as it is determined that trial counsel’s decisions had any reasonable basis.” (Citations omitted). Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 604-605 , 235 A.2d 349, 352-353 (1967). See also, Commonwealth v. Woody, 440 Pa. 569 , 271 A.2d 477 (1970). Commonwealth v. Whiting, 449 Pa. 279 -280, 296 A.2d at 791 (1972).”

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

2. ““In this case the only psychiatric testimony concerning this defendant known to have been available negated the presence of psychosis; it is quite understandable why counsel did not attempt to pursue this line of defense.””

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