Commonwealth v. Holmes’s Empirical Analysis

Citation profile

95 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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] discrete claim or claims of attorney Troese's ineffectiveness is not apparent from the record and meritorious to the extent that immediate consideration best serves the interests of justice. Second, [Appellant] seeks to litigate multiple or prolix claims of counsel ineffectiveness, including possible non-record-based claims, on post-verdict motion. The reason advanced by [Appellant] for wanting to raise such claims on post-sentence motion is to possibly reach a more expeditious resolution of an appeal. This is not sufficient "good cause" for departing from the general rule that claims of ineffective counsel are not to be raised on direct appeal but, rather, they are to be brought in a petition under the [PCRA].”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Radecki · Commonwealth v. Green

2. “By way of summary, we hold that [the] general rule of deferral to PCRA review remains the pertinent law on the appropriate timing for review of claims of ineffective assistance of counsel; we disapprove of expansions of the exception to that rule[.]”

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Stollar · Com. v. Kehr, II, J.

3. “The Martinez Court recognized that there are “sound reasons” for a state to defer consideration of ineffectiveness claims to collateral review: e.g., such claims often depend upon evidence outside the trial record; direct appeal may not be as effective as other proceedings for developing such claims; and there may not be adequate time within governing appellate rules to allow for necessary expansion of the record. Martinez , 566 U.S. at-, 132 S.Ct. at 1318.... However, the Martinez Court held, there are “consequences” arising from the choice to defer ineffectiveness claims that will affect the State’s ability to argue, upon later federal habeas review, that the defendant defaulted trial counsel ineffectiveness claims by failing to raise them in state court. “By deliberately choosing to move trial ineffectiveness claims outside of the direct-appeal process, where counsel is constitutionally guaranteed, the State significantly diminishes prisoners’ ability to file such ■claims. It is within the context of this state procedural framework that counsel’s ineffectiveness in an initial-review collateral proceeding qualifies as cause for a procedural default.” 566 U.S. at -, 132 S.Ct. at 1318.... Martinez is significant in its emphasis on the centrality of claims of ineffective assistance of trial counsel. Indeed, the Court stressed at some length the “bedrock” importance of effective counsel at trial and,the derivative importance of opportunities to litigate claims of trial counsel ”

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