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← 472 Pa. 259 - Commonwealth v. Hubbard

Commonwealth v. Hubbard’s Empirical Analysis

1977

Citation profile

1,076
cited by 1,076 later decisions
3
states following
July 2024
most recently cited

8 federal appellate · 1,052 state decisions

How this case has been cited

Cited by 1,076 later decisions — most recently July 2024 · most notably Commonwealth v. Pierce (1987), Commonwealth v. Grant (2002)

8 federal appellate · 1,052 state decisions

5890197719801990200020102020decided

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 Miranda v. State of Arizona Vignera · Schneckloth v. Bustamonte · Johnson v. Zerbst · Commonwealth Ex Rel. Washington v. Maroney · Commonwealth v. Clair

Cited together with Commonwealth Ex Rel. Washington v. Maroney · Strickland v. Washington · Commonwealth v. Grant · Commonwealth v. Dancer · Commonwealth v. Pierce

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 1,076 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"In resolving this contention we are guided by the standard set forth in Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 604 , 235 A.2d 349, 352 (1967): `[C]ounsel's assistance is deemed 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 interests.' "The initial factor which must be considered in applying this reasonable basis standard is whether the claim which post-trial counsel is charged with not pursuing had some reasonable basis. In Maroney, 427 Pa. 599 , 235 A.2d 349 , we noted that `a finding of ineffectiveness could never be made unless we concluded that the alternatives not chosen offered a potential for success substantially greater than the tactics actually utilized.' Commonwealth ex rel. Washington v. Maroney, 427 Pa. at 605 n. 8, 235 A.2d at 353 . Because counsel does not forego an alternative which offers a substantially greater potential for success when he fails to assert a baseless claim, counsel cannot be found to have been ineffective for failing to make such an assertion. See, e.g., Commonwealth v. Nole, 461 Pa. 314 , 336 A.2d 302 (1975); Commonwealth v. Harrison, 228 Pa.Super. 42 , 323 A.2d 848 (1974); cf. Commonwealth v. Goosby, 461 Pa. 229 , 336 A.2d 260 (1975); Commonwealth v. Rice, 456 Pa. 90 , 318 A.2d 705 (1974). It is only when the claim which was foregone was of arguable merit that we must make an inquiry into the basis for the”
    28 later decisions quote this exact passage · from the majority
  2. “[C]ounsel's assistance is deemed 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 interests.”
    18 later decisions quote this exact passage · from the majority
  3. “[I]neffectiveness of prior counsel must be raised as an issue at the earliest stage in the proceedings at which the counsel whose effectiveness is being challenged no longer represents the defendant. It follows then that when newly appointed post-trial counsel fails to assign the ineffectiveness of trial counsel as a ground for post-trial relief, the issue of trial counsel’s ineffectiveness is not properly preserved for appellate review. Commonwealth v. Hubbard, 472 Pa. 259 , 276 n. 6, 372 A.2d 687 , 695 n. 6 (1977).”
    11 later decisions 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.