Commonwealth v. Cherry’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. ““The obligation of the lawyer to maintain a respectful attitude toward the court is ‘not for the sake of the temporary incumbent of the judicial office,’ but to give due recognition to the position held by the judge in the administration of the law. ABA Canons of Professional Ethics No. 1 (1968). The lawyer, by his attitude, communicates to the laymen in the courtroom the professional relation which exists between judge and lawyer. The appropriate way to challenge the judge’s decisions is through appropriate procedural devices, including objections and appeals designed for that purpose, not by seeking to impress the client by a show of belligerency which exceeds the need to make a record of what he believes is error in the case. A restrained, respectful attitude on the part of each advocate toward the other helps reinforce the concept that the adversary system, although based on contention, is a mechanism which depends upon evidence and the rule of law, not vituperation or personalities. See, e. g., In re Schofield, 362 Pa. 201 , 66 A.2d 675 (1949); Drinker, Legal Ethics 69-70 (1953). “ABA Standards, The Defense Function § 7.1 at 258 (Commentary) (Tentative Draft 1970).””

   1 later decision quote this exact passage · from the majority
   e.g. In Re Johnson

2. ““ . . . the remarks which appellant made to the jury during his closing argument clearly ‘tended to bring the authority and administration of the law into disrespect,’ and were therefore properly punished by the contempt order before us. These remarks called into question the fairness of the trial proceedings and were calculated to appeal to the jury, not on the basis of the evidence presented, but on the purported unfairness of the trial they had witnessed. Arguments to the jury based upon such an indictment of the trial proceedings are, in my mind, manifestly improper and cannot be said to fall within the scope of a lawyer’s duty zealously to represent his client. A lawyer must, of course, vigorously pursue appropriate procedures to challenge errors in the proceedings; but to say that a lawyer must not allow perceived error to go uncontested is not to condone the misguided effort to argue the wisdom of the judge’s rulings to the jury.” Commonwealth v. Cherry, 467 Pa. 160 ,-, 354 A.2d 894, 895 (opinion in support of affirmance by Pomeroy, J., joined by Jones, C. J., and Eagen, J.).”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Johnson