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cited 5× by 5 distinct cases, 2009–2018 · 2 courts ·
…trial counsel's failure to call a particular witness does not constitute ineffective assistance without some showing that the absent witness' testimony would have been beneficial or helpful in establishing the asserted defense.
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Top citers, strongest first. 35 distinct citers.
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discussed
Cited as authority (quoted)
Com. v. Rendon, G.
prosecutorial misconduct will not be found where comments were based on the evidence or proper inferences therefrom or were only oratorical flair.
examined
Cited as authority (quoted)
Com. v. Peay, J.
trial counsel's failure to call a particular witness does not constitute ineffective assistance without some showing that the absent witness' testimony would have been beneficial or helpful in establishing the asserted defense.
examined
Cited as authority (quoted)
Com. v. Kanu, F.
trial counsel's failure to call a particular witness does not constitute ineffective assistance without some showing that the absent witness's testimony would have been beneficial or helpful in establishing the asserted defense.
examined
Cited as authority (quoted)
Com. v. Ritenour, J.
trial counsel's failure to call a particular witness does not constitute ineffective assistance without some showing that the absent witness's testimony would have been beneficial or helpful in establishing the asserted defense.
examined
Cited as authority (quoted)
Com. v. Burnett, L.
trial counsel's failure to call a particular witness does not constitute ineffective assistance without some showing that the absent witness' testimony would have been beneficial or helpful in establishing the asserted defense.
examined
Cited as authority (quoted)
Com. v. Handfield, E.
trial counsel's failure to call a particular witness does not constitute ineffective assistance without some showing that the absent witness' testimony would have been beneficial or helpful in establishing the asserted defense.
examined
Cited as authority (quoted)
Commonwealth v. Weiss
t is well established that certain out-of-court statements offered to explain the course of police conduct are admissible because they are offered not for the truth of the matters asserted but rather to show the information upon which police acted.
examined
Cited as authority (quoted)
Commonwealth v. Thomas
(2×)
trial counsel's failure to call a particular witness does not constitute ineffective assistance without some showing that the absent witnesses testimony would have been beneficial or helpful in establishing the asserted defense.
examined
Cited as authority (quoted)
Commonwealth v. Travaglia
(2×)
this court has recognized consistently that evidence regarding a defendant's past violent convictions or conduct does not implicate the issue of his or her future dangerousness.
examined
Cited as authority (quoted)
Commonwealth v. Johnson
trial counsel's failure to call a particular witness does not constitute ineffective assistance without some showing that the absent witness' testimony would have been beneficial or helpful in establishing the asserted defense.
discussed
Cited as authority (quoted)
Commonwealth v. Thomas
the rule against admitting hearsay evidence stems from its presumed unreliability, because the declarant cannot be challenged regarding the accuracy of the statement.
discussed
Cited "see"
State of Arizona v. Dauntorian Lydel Sanders
See Commonwealth v. Chmiel , 585 Pa. 547 , 889 A.2d 501 , 537-38 (2005) (finding prosecutor's arguments focusing on the brutality of the murders, and imposing death as retribution for the inhumanity of the murders, as opposed to defendant's propensity for violence, did not place future dangerousness at issue). ¶ 31 In contrast, in many cases finding future dangerousness was at issue, the prosecutor argued that the defendant's propensity for violence was so great that, if released from prison, he would pose a continuing threat to society.
discussed
Cited "see"
Commonwealth v. Manivannan
Such statements are not hearsay." Commonwealth v. Hardy , 918 A.2d 766 , 777 (Pa. Super. 2007) (citation omitted); accord Commonwealth v. Chmiel , 585 Pa. 547 , 889 A.2d 501 , 532-33 (2005) ; Commonwealth v. Dent , 837 A.2d 571 , 579 (Pa. Super. 2003) ("It is, of course, well established that certain out-of-court statements offered to explain a course of police conduct are admissible.
discussed
Cited "see"
Commonwealth v. Hanible
See Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501, 534-35 (2005) (recognizing that Pa.R.E. 608(b) precludes the admission of specific instances of misconduct to attack a witness’ character for truthfulness; while Pa.R.E. 609(a) requires an actual conviction of a crime involving dishonesty or false statement in order for a witness’s credibility to be attacked with evidence of the crime).
discussed
Cited "see"
Gillard v. AIG Insurance
(2×)
Accord Commonwealth v. Chmiel, 585 Pa. 547, 599 , 889 A.2d 501, 531 (2005) (plurality, in relevant part) (“[T]he privilege applies only to confidential communications made by the client to the attorney in connection with the provision of legal services.”). 12 Finally, Appellee asserts that the broader matters discussed in the amicus briefs, such as issues faced by corporate counsel, simply are not pertinent to the limited controversy presently before the Court.
discussed
Cited "see"
Commonwealth v. Ragland
See Chmiel, 585 Pa. at 621 , 889 A.2d at 545 (finding prosecutor’s comments to be permissible when defense counsel repeatedly called the prosecution witnesses liars and had vouched for the credibility of the defense witnesses). ¶ 9 Likewise, in the case sub judice, we find that the comments made by the district attorney constituted permissible oratorical flair when viewed in the context of defense counsel’s contention that L.B. was a troubled child not worthy of belief.
discussed
Cited "see"
Commonwealth v. Gibson
(2×)
See Commonwealth v. Chmiel, 585 Pa. 547, 622 , 889 A.2d 501, 546 (2005) (citing Commonwealth v. Beasley, 544 Pa. 554, 566 , 678 A.2d 773, 778 (1996)); Commonwealth v. Auker, 545 Pa. 521, 548 , 681 A.2d 1305, 1319 (1996).
discussed
Cited "see"
Commonwealth v. Hammond
(2×)
See Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501 (2005) (holding trial counsel cannot be ineffective for failing to call a witness in the absence of the witness’s testimony being beneficial or helpful to the asserted defense). ¶ 86 Regarding prejudice, “it must be demonstrated that ‘but for the act or omission in question, the outcome of the proceedings would have been different.’ ” Commonwealth v. Rios, 591 Pa. 588 , 599-600, 920 A.2d 790, 799-800 (2007) (quotation omitted).
discussed
Cited "see"
Commonwealth v. Ostrosky
(2×)
See Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501, 516-517 (2005). .
discussed
Cited "see"
Commonwealth v. Miller
See Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501 (2005); Commonwealth v. Fitzgerald, 877 A.2d 1273 (Pa.Super.2005), appeal denied, — Pa. -, 891 A.2d 730 (2005). ¶ 23 With regard to claims of ineffectiveness, this Court has observed: In order for Appellant to prevail on a claim of ineffective assistance of counsel, *1291 he must show, by a preponderance of the evidence, ineffective assistance of counsel which, in the circumstances of the particular case, so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.
discussed
Cited "see, e.g."
Com. v. Parker, M.
See, e.g., [Commonwealth v. Chmiel, 585 Pa. 547, 624 , 889 A.2d 501, 547 (2005)] (holding that based on trial counsel’s PCRA testimony, counsel had a reasonable basis for declining to request a limiting instruction).
discussed
Cited "see, e.g."
Commonwealth v. Noel, H., Aplt.
(2×)
See also Chmiel, 585 Pa. at 578 , 889 A.2d at 519 (citing Ross v. Oklahoma, supra). .
discussed
Cited "see, e.g."
Commonwealth, Aplt. v. Molina, M.
See, e.g., Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501, 529-31 (2005) (viewing statement “I don’t think I better talk about that” as invocation of right to remain silent after initial waiver of Miranda rights).
discussed
Cited "see, e.g."
In the matter of: M.A. Appeal of: M.A.
See, e.g., Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501, 534-534 (2005) (trial court properly precluded defense from questioning witness on a burglary he had admitted committing, but for which he was never convicted).
discussed
Cited "see, e.g."
Commonwealth v. Burno
See also Commonwealth] v. Chmiel [ 585 Pa. 547 ], 889 A.2d 501 , [540] 613 (Pa.2005) (explaining [Bomar ] to hold that claims of counsel ineffectiveness reviewed in post-sentence proceedings were properly raised, preserved, and addressed in trial court).
discussed
Cited "see, e.g."
Commonwealth v. QUEL
Commonwealth v. May, 584 Pa. 640, 654 , 887 A.2d 750, 758 (2005); see also Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501 (2005) (finding Bomar exception applied where defendant filed post-sentence motions raising claims of trial counsel’s ineffectiveness, hearings were conducted on ineffectiveness claims, and trial court addressed claims).
discussed
Cited "see, e.g."
Commonwealth v. Hicks
See also Commonwealth v. Chmiel, 585 Pa. 547, 603, 617-21 , 889 A.2d at 501, 534, 543-45 (Pa. 2005) (finding prosecutor’s comments to be permissible when defense counsel repeatedly called the prosecution’s witnesses liars and had vouched for the credibility of the defense’s witnesses; also noting the presumption that juries follow instructions given by the trial court).
discussed
Cited "see, e.g."
Jerry v. Department of Corrections
See e.g., Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501 (2005) (conduct of police); Commonwealth v. Hardy, 918 A.2d 766 (Pa.Super.2007), appeal denied, 596 Pa. 703 , 940 A.2d 362 (2008) (course of conduct undertaken by investigating police officer); Commonwealth v. Dargan, 897 A.2d 496 (Pa.Super.2006), appeal denied, 591 Pa. 671 , 916 A.2d 1101 (2007) (same); Commonwealth v. Dent, 837 A.2d 571 (Pa.Super.2003) (conduct of police).
discussed
Cited "see, e.g."
Commonwealth v. Williams
(2×)
See, e.g., Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501, 534 (2005); Malloy, 856 A.2d at 775 .
discussed
Cited "see, e.g."
Commonwealth v. Rega
(2×)
See, e.g., Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501 (2005), cert. denied, ___ U.S. ___, 127 S.Ct. 101 , 166 L.Ed.2d 82 (2006); Commonwealth v. Singley, 582 Pa. 5 , 868 A.2d 403 (Pa.), cert. denied, 546 U.S. 1021 , 126 S.Ct. 663 , 163 L.Ed.2d 536 (2005).
discussed
Cited "see, e.g."
Commonwealth v. Dillon
(2×)
See, e.g., Commonwealth v. Chmiel, 585 Pa. 547 , 889 A.2d 501, 534 (2005); Malloy, 856 A.2d at 775 .
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
Shawn COLE
v.
Shawn COLE
Petition No. 675 MAL 2005.
Supreme Court of Pennsylvania.
Dec 28, 2005.
Cited by 1 opinion | Published
Citer courts: Supreme Court of Pennsylvania (10) · Superior Court of Pennsylvania (7)
ORDER
PER CURIAM.AND NOW, this 28th day of December 2005, the Petition for Allowance of Appeal is granted limited to:
Whether the Chester County detectives engaged in sentencing entrapment by continuing to make controlled buys of controlled substances over an extended period of time long after they had sufficient evidence to convict the defendant in an attempt to manipulate or enhance his sentence, and if so what is the proper remedy.