Commonwealth v. Liston’s Empirical Analysis

Citation profile

56 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our holding should not be construed as prohibiting a PCRA court from reinstating a defendant’s right to file post-sentence motions nunc pro tunc. If a defendant successfully pleads and proves that he was deprived of the right to file and litigate said motions as a result of the ineffective assistance of counsel, a PCRA court is free to grant such relief.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 2009 Pa. Super. 235 - Commonwealth v. Fransen · 2011 Pa. Super. 147 - Commonwealth v. Barnett

2. “Admittedly, one of the concerns ... is that [ ] directing] courts, following reinstatement of appellate rights nunc pro tunc, to address any remaining claims of trial counsel ineffectiveness [results] in what is basically an “advisory” opinion. We are aware of the general prohibition against the issuance of merely advisory opinions. However, this concern will be alleviated and specific findings on ineffectiveness claims made a part of the record on review if trial courts grant post-sentence motions nunc pro tunc along with reinstatement of direct appeal rights. Therefore, in line with our decision today, henceforth, if the PCRA court determines that, in fact, appellate counsel was ineffective for failing to file a requested direct appeal and reinstates the petitioner’s direct appeal rights nunc pro tunc, the court shall also reinstate the petitioner’s right to file post-sentence motions or amended post-sentence motions nunc pro tunc. The petitioner can then raise whatever “other” claims of counsel ineffectiveness he/she wants to in post-sentence motions; the trial court can hold an evidentiary hearing, if warranted, perfect the record for review, and reach a final decision on the merits. In this way, the trial court’s decision results in an appealable ruling, and the trial court will not be compelled to issue a merely “advisory” opinion. The record will also be complete so that this court may review the appellant’s ineffectiveness claims on the ensuing direct appeal, consiste”

   1 later decision quote this exact passage
   e.g. 2009 Pa. Super. 235 - Commonwealth v. Fransen

3. “Clearly, the Superior Court’s holding creates an exception to the Grant rule in that it permits a defendant to obtain what is essentially collateral review even before a direct appeal has been litigated. In Grant we expressed a preference that review of ineffectiveness claims be deferred until the post-conviction collateral review stage ... because we recognized that “time is necessary for a petitioner to discover and fully develop claims related to trial counsel ineffectiveness.” 813 A.2d at 737-38 . Thus we concluded that “[djeferring review of trial counsel ineffectiveness claims until' the collateral review stage of the proceedings offers a petitioner the best avenue to effect his Sixth Amendment right to counsel.” 813 A.2d at 738 . While we created an exception to Grant in our decision in Bomar , we have explicitly reiterated the general rule in Grant and further directed that any exception to that general rule be accomplished only by this Court: Accordingly, we believe the best course of action" is to reaffirm our decision in Grant and reiterate that, as a general rule, claims of ineffective assistance of counsel will not be entertained on direct appeal. Moreover, we take this opportunity to disapprove of any decisions of the Superior CouH that are to the contrary .... [Commonwealth v.] O’Berg [ 584 Pa. 11 ], 880 A.2d [597] 602 [ (2005) ] (emphasis added).”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Holmes