Commonwealth v. Lowenberg’s Empirical Analysis

Citation profile

10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Supreme Court of the United States has recognized in Anders that even the most diligent court appointed counsel may sometimes justifiably believe that he is being asked to pursue an appeal totally devoid of merit. However, because it is also fundamental to the notion of equal justice for all that the indigent defendant receive just as spirited a defense as the man who can retain private counsel, the Supreme Court has set forth very strict standards, now applicable to the states, which counsel and the appellate court must follow before an attorney may be permitted to withdraw his services. Anders gives to counsel two choices when representing an indigent client on appeal. He may, of course, file briefs and argue the case. But Anders emphasizes, throughout the Court’s opinion, that the brief must be that of an advocate, not an amicus curiae. 386 U.S. at 742 , 87 S.Ct. at 1399 . Or counsel may choose to withdraw his services, in which case this procedure must be followed: “[I]f counsel finds his [the client’s] case to be wholly frivolous, after a conscientious examination of it, he should so advise the court and request permission to withdraw. That request must, however, be accompanied by a brief referring to anything in the record that might arguably support the appeal. A copy of counsel’s brief should be furnished the indigent and time allowed him to raise any points that he chooses * * *.” 386 U.S. at 744 , 87 S.Ct. at 1400 .”

   1 later decision quote this exact passage · from the majority
   e.g. 293 Pa. Super. 44 - Commonwealth v. Reese

2. ““... it is not enough simply for the PCHA court to appoint counsel. For this settled rule ‘also envisions that counsel so appointed shall have the opportunity and in fact discharge the responsibilities required by representation.’ ” Commonwealth v. Lowenberg, 493 Pa. 232 , 425 A.2d 1100 (1981) quoting from Commonwealth v. Fiero, 462 Pa. 409, 413 , 341 A.2d 448, 450 (1975).”

   1 later decision quote this exact passage · from the majority
   e.g. 330 Pa. Super. 313 - Commonwealth v. Finley