Commonwealth v. Moore’s Empirical Analysis

Citation profile

21 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellate counsel had no reasonable basis for failing to raise [trial counsel’s failure to investigate and present evidence supporting a diminished capacity/voluntary intoxication or heat of passion/voluntary manslaughter defense] on direct appeal. He could have made this claim as one sounding in trial counsel’s ineffectiveness for failing to investigate and raise a meritorious defense. For the reasons set out above, the claim would have been meritorious. Moreover, counsel could have had no strategic reason for failing to raise this claim on appeal, as the raising of a meritorious claim was obligatory. Appellant has also established prejudice. Had counsel raised this claim on direct appeal, there is a reasonable probability that the outcome of the appeal would have been different.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Mason, L., Aplt

2. “where claim involving evidence involves other previously unchallenged evidence, claim was not previously litigated and merits will be reached”

   1 later decision quote this exact passage · from the concurrence
   e.g. Commonwealth v. Hall