Commonwealth v. Ciotti’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is axiomatic that failure to raise a meritless claim cannot render counsel ineffective. Thus, in evaluating appellee’s claim of ineffective assistance of counsel, we must first determine whether an object to the clerk’s remark would have been of arguable merit: The initial factor which must be considered... is whether the claim which post-trial counsel is charged with not pursuing had some reasonable basis .... It is only when the claim which was foregone was of arguable merit that we must make an inquiry into the basis for . . . counsel’s decision not to pursue the matter. Commonwealth v. Hubbard, 472 Pa. 252 [259], 277-78, 372 A.2d 686 , 695-96 (1977) (Emphasis supplied). Because we are convinced that the jurors here voluntarily and unequivocally assented to the verdict in direct response to a clear and unambiguous question individually submitted to each of them, an objection by trial counsel to the jury poll would have been manifestly futile. See Commonwealth v. Rice, 456 Pa. 90 , 318 A.2d 705 (1974) (counsel will not be held ineffective for failing to perform a futile act).”

   1 later decision quote this exact passage · from the majority
   e.g. 296 Pa. Super. 24 - Commonwealth v. Adams