Burgess v. Court of Common Pleas Phila. Cnty., 978 A.2d 349 (Pa. 2009). · Go Syfert
Burgess v. Court of Common Pleas Phila. Cnty., 978 A.2d 349 (Pa. 2009). Cases Citing This Book View Copy Cite
6,355 citation events (6,355 in the last 25 years) across 5 distinct courts.
Strongest positive: In Re: Adoption of E.A.W., Appeal of: J.R. (pasuperct, 2025-07-07)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In Re: Adoption of E.A.W., Appeal of: J.R. (2×) also: Cited as authority (rule)
Pa. Super. Ct. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
counsel should articulate the relevant facts of record, controlling case law, and/or statutes on point that have led to the conclusion that the appeal is frivolous.
examined Cited as authority (verbatim quote) In Re: Adoption of E.A.W., Appeal of: J.R. (4×) also: Cited as authority (rule)
Pa. Super. Ct. · 2025 · quote attribution · 2 verbatim quotes · confidence high
ounsel must consistently serve the client's interest to the best of his or her ability. only after such an evaluation has led counsel to the conclusion that the appeal is 'wholly frivolous' is counsel justified in making a motion to withdraw.
examined Cited as authority (verbatim quote) In the Int. of: J.L.L., Appeal of: R.J. (4×) also: Cited as authority (rule), Cited "see"
Pa. Super. Ct. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
under anders, the right to counsel is vindicated by counsel's examination and assessment of the record and counsel's references to anything in the record that arguably supports the appeal.
examined Cited as authority (verbatim quote) In the Int. of: X.N.M.R., Appeal of: D.W. (5×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
Pa. Super. Ct. · 2023 · signal: see · quote attribution · 2 verbatim quotes · confidence high
ounsel must consistently serve the client's interest to the best of his or her ability. only after such an evaluation has led counsel to the conclusion that the appeal is "wholly frivolous" is counsel justified in making a motion to withdraw
examined Cited as authority (verbatim quote) In the Int. of: X.N.M.R., Appeal of: D.W. (5×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
Pa. Super. Ct. · 2023 · signal: see · quote attribution · 2 verbatim quotes · confidence high
ounsel must consistently serve the client's interest to the best of his or her ability. only after such an evaluation has led counsel to the conclusion that the appeal is "wholly frivolous" is counsel justified in making a motion to withdraw
examined Cited as authority (verbatim quote) Adoption of J.T.M., Appeal of: J.T.M. (6×) also: Cited as authority (rule), Cited "see"
Pa. Super. Ct. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
by filing an anders brief, a lawyer does not advocate arguments he believes are wholly frivolous; rather, he presents them for the court's confirmation of his belief.
discussed Cited as authority (verbatim quote) Com. v. Hall, R.
Pa. Super. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
he court-not counsel-then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous. if it so finds it may grant counsel's request to withdraw
discussed Cited as authority (verbatim quote) Com. v. Brecht, D.
Pa. Super. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
he court-not counsel-then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous. if it so finds it may grant counsel's request to withdraw
discussed Cited as authority (verbatim quote) Com. v. Guzman-Rodriguez, J.
Pa. Super. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
he court-not counsel-then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous. if it so finds it may grant counsel's request to withdraw
discussed Cited as authority (verbatim quote) Com. v. Torres, Jr., R.
Pa. Super. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
he court-not counsel-then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous. if it so finds it may grant counsel's request to withdraw
discussed Cited as authority (verbatim quote) Com. v. Terantino, E.
Pa. Super. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
he court-not counsel-then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous. if it so finds it may grant counsel's request to withdraw
discussed Cited as authority (quoted) Com. v. Willingham, R.
Pa. Super. Ct. · 2026 · quote attribution · 1 verbatim quote · confidence low
anders brief
discussed Cited as authority (quoted) Com. v. Acevedo, E.
Pa. Super. Ct. · 2025 · quote attribution · 1 verbatim quote · confidence low
anders brief
discussed Cited as authority (quoted) In the Int. of: A.S., a Minor (2×) also: Cited as authority (rule)
Pa. Super. Ct. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
i intend to file a petition for leave to withdraw and an anders brief with the superior court on friday, april 11, 2025. i will meet with you first and deliver your copies of each of those documents.
discussed Cited as authority (quoted) Com. v. Laramy, E. (2×) also: Cited as authority (rule)
Pa. Super. Ct. · 2017 · quote attribution · 1 verbatim quote · confidence low
the anders brief
discussed Cited as authority (quoted) Com. v. DiGangi, M. (2×) also: Cited as authority (rule)
Pa. Super. Ct. · 2017 · quote attribution · 1 verbatim quote · confidence low
the anders brief
discussed Cited as authority (quoted) Com. v. Muzzy, D.
Pa. Super. Ct. · 2016 · signal: compare · quote attribution · 1 verbatim quote · confidence low
merits brief . . . implies that an issue is worthy of review and has some chance of succeeding
cited Cited as authority (rule) E. Diaz v. PPB
Pa. Commw. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009); Hughes v. Pennsylvania Board of Probation and Parole, 977 A.2d 19, 25-26 (Pa. Cmwlth. 2009) (en banc).
cited Cited as authority (rule) Com. v. Brooks, C.
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
cited Cited as authority (rule) Com. v. Stevenson, D.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).
discussed Cited as authority (rule) Com. v. Hill, A.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009). “[I]f counsel’s petition and brief satisfy Anders, we will then undertake our own review of the appeal to determine if it is wholly frivolous.” Commonwealth v. Wrecks, 931 A.2d 717, 721 (Pa. Super. 2007) (brackets added, citation omitted).
cited Cited as authority (rule) Com. v. Shaheen, H.
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
cited Cited as authority (rule) Com. v. Brown, M.
Pa. Super. Ct. · 2026 · confidence medium
We conclude that the brief substantially complies with these four requirements, and now “make an independent determination of the merits of the appeal.” Santiago, 978 A.2d at 358.
discussed Cited as authority (rule) Com. v. McDonald, O.
Pa. Super. Ct. · 2026 · confidence medium
In Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009), our Supreme Court set forth clear standards for the content of the Anders brief, requiring that the brief: (1) provide a summary of the procedural history and facts, with citations to the record; (2) refer to anything in the record that counsel believes arguably supports the appeal; (3) set forth counsel’s conclusion that the appeal is frivolous; and (4) state counsel’s reasons for concluding that the appeal is frivolous.
cited Cited as authority (rule) Com. v. Brantley, D.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).
cited Cited as authority (rule) In Re: D.H., a Minor
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
discussed Cited as authority (rule) Com. v. Moore, K. T. (2×) also: Cited "see, e.g."
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361. -5- J-S33040-25 little to no explanation, that he agreed with the trial court’s analysis of each issue.
cited Cited as authority (rule) Com. v. Thirkield, G.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).
discussed Cited as authority (rule) In Re: P.A.M., a Minor (2×)
Pa. Super. Ct. · 2026 · confidence medium
B.G.S., 240 A.3d at 661 (quoting Santiago, 978 A.2d at 361).
discussed Cited as authority (rule) In Re: A.M. Appeal of: J.M. (2×)
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
cited Cited as authority (rule) Com. v. Hiedacavage, L.
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
cited Cited as authority (rule) Com. v. Cole, D.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).
discussed Cited as authority (rule) Com. v. Battle, D.
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361; see also Commonwealth v. Smith, 700 A.2d 1301, 1304 (Pa. Super. 1997) (“[C]ounsel seeking to withdraw under Anders is required to flag any issues that the defendant wishes to raise, as well as any other claims necessary to the effective appellate presentation of those issues.”).
cited Cited as authority (rule) Com. v. Mallory, M.
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
cited Cited as authority (rule) Com. v. Powanda, J.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).
discussed Cited as authority (rule) Com. v. Santiago, J.
Pa. Super. Ct. · 2026 · confidence medium
In Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009), our Supreme Court set forth clear standards for the content of the Anders brief, requiring that the brief: -8- J-S45036-25 (1) provide a summary of the procedural history and facts, with citations to the record; (2) refer to anything in the record that counsel believes arguably supports the appeal; (3) set forth counsel’s conclusion that the appeal is frivolous; and (4) state counsel’s reasons for concluding that the appeal is frivolous.
cited Cited as authority (rule) Com. v. Pope, D.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).
cited Cited as authority (rule) D. Carroll v. PPB
Pa. Commw. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009); Hughes v. Pennsylvania Board of Probation and Parole, 977 A.2d 19, 25-26 (Pa. Cmwlth. 2009).
cited Cited as authority (rule) Com. v. Reed, G.
Pa. Super. Ct. · 2026 · confidence medium
Counsel should articulate the relevant facts of record, controlling case law, and/or statutes on point that have led to the conclusion that the appeal is frivolous.” [Santiago, 978 A.2d at 361.
cited Cited as authority (rule) Com. v. Johnson, N.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Falcey, 310 A.3d 313, 315 (Pa. Super. 2024) (quoting Santiago, 978 A.2d at 361).
cited Cited as authority (rule) J.A. Wilkins v. PPB
Pa. Commw. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009); Hughes v. Pennsylvania Board of Probation and Parole, 977 A.2d 19, 25-26 (Pa. Cmwlth. 2009).
cited Cited as authority (rule) In Re: L..J.J., Appeal of: J.R.M.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).
cited Cited as authority (rule) Com. v. Blunt, K.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009). -5- J-S03010-26 We conclude that counsel satisfied these requirements in his brief to this Court.
examined Cited as authority (rule) In the Int. of: L.R.M., Appeal of: M.M. (3×) also: Cited "see"
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
cited Cited as authority (rule) Com. v. Graham, P.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).
discussed Cited as authority (rule) Com. v. Hill, R. (2×) also: Cited "see"
Pa. Super. Ct. · 2026 · confidence medium
Santiago, supra at 176, 177 , 978 A.2d at 359, 360 .
cited Cited as authority (rule) In Re: O.T.C., a Minor, Appeal of: T.M.G.
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
cited Cited as authority (rule) Com. v. Cataldo, J.
Pa. Super. Ct. · 2026 · confidence medium
Commonwealth v. Santiago, 978 A.2d 349, 361 (Pa. 2009).
cited Cited as authority (rule) Com. v. Blenker, B.
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
cited Cited as authority (rule) Com. v. Deas, C.
Pa. Super. Ct. · 2026 · confidence medium
Santiago, 978 A.2d at 361.
Retrieving the full opinion text from the archive…
Aquil BURGESS, Petitioner
v.
COURT OF COMMON PLEAS PHILA. COUNTY, Respondent
92 EM 2009.
Supreme Court of Pennsylvania.
Aug 6, 2009.
978 A.2d 349

ORDER

PER CURIAM.

AND NOW, this 6th day of August, 2009, the Application for Leave to File Original Process and the Petition for Writ of Mandamus and/or Extraordinary Relief are DISMISSED. See Commonwealth v. Reid, 537 Pa. 167, 642 A.2d 453, 462 (1994) (hybrid representation improper). The Prothonotary is[*159] directed to forward the instant filings to Petitioner’s counsel of record. See Commonwealth v. Burgess, 3369 EDA 2008.