Commonwealth Ex. Rel. James Dadario v. Goldberg, 773 A.2d 126 (Pa. 2001). · Go Syfert
Commonwealth Ex. Rel. James Dadario v. Goldberg, 773 A.2d 126 (Pa. 2001). Cases Citing This Book View Copy Cite
“ll constitutionally- cognizable claims of ineffective assistance of counsel may be reviewed in a pcra petition.”
184 citation events (184 in the last 25 years) across 5 distinct courts.
Strongest positive: Com. v. Ross, S. (pasuperct, 2024-10-10)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Com. v. Ross, S.
Pa. Super. Ct. · 2024 · quote attribution · 1 verbatim quote · confidence high
ll constitutionally- cognizable claims of ineffective assistance of counsel may be reviewed in a pcra petition.
discussed Cited as authority (verbatim quote) Com. v. Mahaffey, C.
Pa. Super. Ct. · 2023 · quote attribution · 1 verbatim quote · confidence high
all constitutionally-cognizable claims of ineffective assistance of counsel may be reviewed in a pcra petition
discussed Cited as authority (verbatim quote) Com. v. Johnson, B.
Pa. Super. Ct. · 2019 · quote attribution · 1 verbatim quote · confidence high
ll constitutionally -cognizable claims of ineffective assistance of counsel may be reviewed in a pcra petition
discussed Cited as authority (rule) Com. v. Diaz, A.
Pa. Super. Ct. · 2025 · confidence medium
Id. at 243 (emphasis added). added). lbc Movant's claims must be more than "boilerplate The boilerplate allegations ... to meet !her] allegations...to [her] burden of demonstrating fcounsel's] [counsel's] ineffectiveness." Id. at 245 .
discussed Cited as authority (rule) Com. v. Cannon, T.
Pa. Super. Ct. · 2024 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 127, 130-31 (Pa. 2001) (holding claims of ineffective assistance of counsel during plea process fall under the PCRA).
discussed Cited as authority (rule) Com. v. Green, T.
Pa. Super. Ct. · 2024 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001) (section “9543(a)(2)(ii) to encompass all constitutionally[]cognizable claims of ineffective assistance of counsel, i.e., all claims that the petitioner was deprived of his or her Sixth Amendment and Article I, Section 9 rights to counsel”).
discussed Cited as authority (rule) Com. v. Shaw, L.
Pa. Super. Ct. · 2023 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 129-30 (Pa. 2001) (holding all constitutionally cognizable claims may be reviewed under the PCRA, including those related to the plea bargaining process).
discussed Cited as authority (rule) Com. v. Pena Charles, J.
Pa. Super. Ct. · 2023 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 131 (Pa. 2001) (claims of ineffective assistance of counsel during the plea bargaining process are cognizable under the PCRA and a defendant cannot use a habeas corpus petition to obtain review of them).
discussed Cited as authority (rule) Com. v. Keys, J.
Pa. Super. Ct. · 2020 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001) (holding all constitutionally- cognizable claims of ineffective assistance of counsel are reviewable under the PCRA).
cited Cited as authority (rule) Com. v. Boggs, B.
Pa. Super. Ct. · 2020 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001); Commonwealth v. Kelley, 136 A.3d 1007, 1012 (Pa.Super. 2016).
discussed Cited as authority (rule) Commonwealth v. Koehler, J.
Pa. · 2020 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001) (claim that counsel had been ineffective during plea-bargaining process was cognizable under Section 9543(a)(2)(ii) despite fact that ineffectiveness may not have undermined truth-determining process in traditional sense); Commonwealth v. Chester, 733 A.2d 1242, 1250 (Pa. 1999) (“truth- determining” and “guilt or innocence” language used in Section 9543(a)(2)(ii) does not foreclose post-conviction review of penalty phase issues in capital case); see also Lantzy, 736 A.2d at 569-70 (rejecting Superior Court’s conclusion that for a peti…
cited Cited as authority (rule) Com. v. Thach, H.
Pa. Super. Ct. · 2020 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001).
cited Cited as authority (rule) Com. v. Dorczuk, M.
Pa. Super. Ct. · 2020 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001); Commonwealth v. Kelley, 136 A.3d 1007, 1012 (Pa.Super. 2016).
discussed Cited as authority (rule) Com. v. Saunders, T.
Pa. Super. Ct. · 2020 · confidence medium
There is no prejudice as Section 9543(a)(2)(ii) of the PCRA encompasses all constitutionally cognizable 14 claims of ineffective assistance of counsel, Commonwealth v. Goldberg, 773 A.2d 126, 130 (Pa. 2001 ), and Petitioner in fact raised ineffectiveness claims against Lagner and Kallenbach in the PCRA. which claims this Court has determined are of no arguable merit and/or resulted in no prejudice.
cited Cited as authority (rule) Com. v. Doukoure, F.
Pa. Super. Ct. · 2019 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001).
discussed Cited as authority (rule) Commonwealth v. Taylor, P., Aplt.
Pa. · 2019 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001) (claim that counsel had been ineffective during plea-bargaining process was cognizable under Section 9543(a)(2)(ii) despite fact that ineffectiveness may not have undermined truth-determining process in traditional sense); Commonwealth v. Chester, 733 A.2d 1242, 1250 (Pa. 1999) (“truth-determining” and “guilt or innocence” language used in Section 9543(a)(2)(ii) does not foreclose post- conviction review of penalty phase issues in capital case); see also Lantzy, 736 A.2d at 569-70 (rejecting Superior Court’s conclusion that for a peti…
cited Cited as authority (rule) Com. v. Huffman, C.
Pa. Super. Ct. · 2018 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001). - 11 - J-S47018-18 Order affirmed.
cited Cited as authority (rule) Com. v. Allison, K., Jr.
Pa. Super. Ct. · 2018 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 129 (Pa. 2001); 42 Pa.C.S. § 9543(a)(2)(ii).
cited Cited as authority (rule) Com. v. Bogle, F.
Pa. Super. Ct. · 2017 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 131 (Pa. 2001).
cited Cited as authority (rule) Com. v. MacColl, D.
Pa. Super. Ct. · 2017 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 131 (Pa. 2001) (claims relating to the guilty plea process are cognizable under the PCRA).
discussed Cited as authority (rule) Com. v. Cramer, J.
Pa. Super. Ct. · 2017 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 129-30 (Pa. 2001); see also Commonwealth v. Haun, 32 A.3d 697, 705 (Pa. 2011) (a PCRA claim under the ineffectiveness subsection does not require an assertion of innocence).
cited Cited as authority (rule) Com. v. Goldsborough, B.
Pa. Super. Ct. · 2016 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001).
cited Cited as authority (rule) Com. v. Bivans, M.
Pa. Super. Ct. · 2016 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 130 (Pa. 2001)).
discussed Cited as authority (rule) Com. v. Perez, F.
Pa. Super. Ct. · 2016 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 129-130 (Pa. 2001), that § 9543(a)(2)(ii) of the PCRA permits “all constitutionally- cognizable claims of ineffective assistance of counsel to be raised in a PCRA petition.” Appellant contends that the trial court erred in treating his habeas corpus petition as a PCRA petition.
discussed Cited as authority (rule) Com. v. Dottle, L.
Pa. Super. Ct. · 2016 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 128, 130 (Pa. 2001) (holding that “[s]ection 9543(a)(2)(ii) … encompass[es] all constitutionally-cognizable claims of ineffective assistance of counsel, i.e., all claims that the petitioner was deprived of his or her Sixth Amendment and Article I, Section 9 rights to counsel[,]” including “claims of ineffective assistance of counsel arising from the plea-bargaining process”).
cited Cited as authority (rule) Com. v. Sparks, D.
Pa. Super. Ct. · 2016 · confidence medium
Dadario v. Goldberg. 773 A.2d 126, 131, fn. 5 (Pa. 2001) for the proposition that the PCRA unconstitutionally abrogates habeas corpus rights for claims cognizable under the PCRA.
cited Cited as authority (rule) Com. v. Norris, B.
Pa. Super. Ct. · 2016 · confidence medium
Dadario v. Goldberg, 565 Pa. 280 , 773 A.2d 126, 131 (2001).
discussed Cited as authority (rule) Commonwealth v. Schultz
Pa. Super. Ct. · 2016 · confidence medium
Dadario v. Goldberg, 565 Pa. 280 , 773 A.2d 126, 130 (2001) (“the language ‘so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place’ merely represents a statutory adoption of the prejudice standard for Sixth Amendment ineffective assistance of counsel claims....
cited Cited as authority (rule) Com. v. Greeley, A.
Pa. Super. Ct. · 2015 · confidence medium
Dadarlo v. Goldberg, 773 A2d 126, 130 (Pa.2001).
discussed Cited as authority (rule) Commonwealth v. Freeland (2×) also: Cited "see"
Pa. Super. Ct. · 2014 · confidence medium
Dadario v. Goldberg, 565 Pa. 280 , 773 A.2d 126 (2001), our Supreme Court held that “the language ‘so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place’ merely represents a statutory adoption of the prejudice standard for Sixth Amendment ineffective assistance of counsel claims as developed in Strickland.” Id. at 130.
cited Cited as authority (rule) Jones v. Pennsylvania Board of Probation & Parole
3rd Cir. · 2012 · confidence medium
Dadario v. Goldberg, 565 Pa. 280 , 773 A.2d 126, 128 (2001).
discussed Cited as authority (rule) Commonwealth v. Haun
Pa. · 2011 · confidence medium
Dadario v. Goldberg, 565 Pa. 280, 288 , 773 A.2d 126, 131 (2001) (holding that a post-conviction petitioner’s ineffectiveness claims resided within the PCRA’s scope, although they did not appear to implicate the time-of-trial truth-determining process in a traditional sense).
discussed Cited as authority (rule) Commonwealth v. Brown (2×)
Pa. · 2008 · confidence medium
Dadario v. Goldberg, 565 Pa. 280 , 773 A.2d 126, 129-130 (2001)(holding all constitutionally-cognizable claims of ineffective assistance of counsel, including those relating to the plea bargaining process, are cognizable under the PCRA). [10] I acknowledged above that our Court has painted itself into the proverbial corner, and note here that perhaps it will take federal intervention to remove us from this interminable dilemma.
discussed Cited as authority (rule) Commonwealth v. West (2×)
Pa. · 2007 · confidence medium
Dadario v. Goldberg, 565 Pa. 280 , 773 A.2d 126, 130 (2001)(holding that all claims of counsel ineffectiveness are cognizable under the PCRA regardless of the nature of such claims and regardless of whether such claims implicate the truth determining process).
discussed Cited as authority (rule) Tome v. Stickman
3rd Cir. · 2006 · confidence medium
Dadario v. Goldberg, 565 Pa. 280 , 773 A.2d 126, 130 (2001) (holding that claims of ineffective assistance of counsel arising from plea bargaining process are cognizable under PCRA’s ineffectiveness subsection, 42 Pa. Cons.Stat. § 9543(a)(2)(h), which does not require innocence); Commonwealth v. Lynch, 820 A.2d 728, 730 (Pa.Super.2003) (same); see also Villot, 373 F.3d at 333 n. 5 (discussing change in Pennsylvania law).
cited Cited as authority (rule) Commonwealth v. Watson
Pa. Super. Ct. · 2003 · confidence medium
According to the Dadario Court, the legislature did not intend to “limit the scope of ineffectiveness claims reviewable in PCRA proceedings.” Id. at 130.
discussed Cited as authority (rule) Commonwealth v. Liebel
Pa. · 2003 · confidence medium
Dadario v. Goldberg, 565 Pa. 280 , 773 A.2d 126, 130 (2001) (appellant’s claim that counsel had been ineffective during plea-bargaining process was cognizable under Section 9543(a)(2)(h), despite the fact that the ineffectiveness may not have undermined the truth-determining process in the traditional sense, i.e., the guilt or innocence determination at trial); Commonwealth v. Chester, 557 Pa. 358 , 733 A.2d 1242, 1250 (1999) ("truth-determining” and "guilt or innocence” language used in § 9543(a)(2)(h) does not foreclose post-conviction review of penalty phase issues in capital case); …
discussed Cited as authority (rule) Commonwealth v. Lee
Pa. Super. Ct. · 2003 · confidence medium
Dadario v. Goldberg, 565 Pa. 280, 285 , 773 A.2d 126, 130 (2001). ¶ 7 Appellant asserts that trial counsel faded to advise him that after pleading guilty to Involuntary Deviate Sexual Intercourse, he would be required to offer a DNA blood sample pursuant to the mandatory testing provisions of the DNA Detection of Sexual and Violent Offenders Act, 35 P.S. §§ 7651.101-7651.1102.
discussed Cited as authority (rule) Commonwealth v. Lynch
Pa. Super. Ct. · 2003 · confidence medium
Dadario v. Goldberg, 565 Pa. 280 , 773 A.2d 126, 130 (2001) (holding that PCRA afford *732 ed relief for ineffective assistance of counsel where trial counsel misinformed defendant of sentencing range).
discussed Cited as authority (rule) Commonwealth v. Hickman
Pa. · 2001 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 131 (Pa.2001) (ineffective assistance of counsel claims that arise from plea bargaining process are eligible for review under § 9543(a)(2)(ii) of Post Conviction Relief Act).
discussed Cited as authority (rule) Commonwealth v. Hickman
Pa. · 2001 · confidence medium
Dadario v. Goldberg, 773 A.2d 126, 131 (Pa.2001) (ineffective assistance of counsel claims that arise from plea bargaining process are eligible for review under § 9543(a)(2)(ii) of Post Conviction Relief Act).
cited Cited "see" Com. v. Freeland, K.
Pa. Super. Ct. · 2014 · signal: see · confidence high
See id.
examined Cited "see" Commonwealth v. Beck (3×)
Pa. Super. Ct. · 2004 · signal: see · confidence high
See Commonwealth ex rel Dadario v. Goldberg, 565 Pa. 280, 287 , 773 A.2d 126, 131 (2001). ¶ 8 An appellant’s challenge to the trial court’s failure to award credit for time spent in custody prior to sentencing involves the legality of sentence.
cited Cited "see" Commonwealth v. Sylte
Pa. · 2001 · signal: see · confidence high
See Dadario v. Goldberg, 565 Pa. 200 , 773 A.2d 126 (2001).
cited Cited "see" Commonwealth v. Sylte
Pa. · 2001 · signal: see · confidence high
See Dadario v. Goldberg, — Pa. -, 773 A.2d 126 (2001).
discussed Cited "see, e.g." Commonwealth, Aplt v. Descares (2×)
Pa. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Dadario, 773 A.2d at 131 (ineffective assistance of counsel during plea bargaining process cognizable under the PCRA); Turner, 80 A.3d at 770 (“Because Petitioner alleged claims of ineffective assistance of counsel, her claims were cognizable under the PCRA and the writ of habeas corpus was not available.”).
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania Ex. Rel. James DADARIO, III, Appellant,
v.
Irwin GOLDBERG, Warden, Delaware County Prison, Appellee
2920-97.
Supreme Court of Pennsylvania.
Jun 19, 2001.
773 A.2d 126
Christopher D. Warren, Stephen P. Patrizio, Philadelphia, for appellant., Patrick Leo Meehan, William R. Toal, Jr., Media, for appellee.
Flaherty, Zappala, Cappy, Castille, Nigro, Newman, Saylor.
Cited by 94 opinions  |  Published

OPINION

NEWMAN, Justice.

We granted allowance of appeal to determine whether an ineffective assistance of counsel claim that arises out of the plea bargaining process is cognizable under the state habeas corpus statute. [1]

On July 16, 1997, authorities arrested James Dadario, III (Appellant) and charged him with rape, involuntary deviate sexual intercourse, indecent assault, simple assault and aggravated assault. The Commonwealth subsequently amended the criminal information to add a charge of sexual assault. Prior to trial, the Commonwealth offered Appellant a plea bargain: in exchange for a guilty plea to the sexual assault charge, Appellant would receive a sentence of ten to twenty-three months of incarceration with immediate work release and two years statutory probation. The Commonwealth also agreed to dismiss all remaining charges. After conferring with counsel, Appellant rejected the proposed plea bargain and the case went to trial. On January 9, 1998, a jury convicted Appellant of sexual assault and acquitted him on the remaining charges.

At sentencing, Appellant’s counsel admitted that at the time he relayed the Commonwealth’s plea offer to Appellant, he mistakenly believed that the sentencing range for sexual assault was four to twelve months of imprisonment. In fact, the sentencing range for sexual assault was thirty-^ix to fifty-four months’ incarceration. On February 9, 1998, the trial court sentenced Appellant to twenty-four to forty-eight[*283] months’ imprisonment. Appellant filed no post-sentencing motions and no appeal to the Superior Court.

On January 14, 1999, Appellant, represented by new counsel, filed a petition for a writ of habeas corpus. Appellant claimed that trial counsel was ineffective in failing to advise him of the correct sentencing guidelines for sexual assault prior to his rejection of the Commonwealth’s plea bargain. The trial court denied Appellant’s petition, concluding that the legislature had eliminated collateral review of claims of ineffective assistance of counsel in connection with guilty pleas when it repealed 42 Pa.C.S. § 9543(a)(2)(v) [2] in 1995. The Superior Court affirmed, agreeing with the trial court that the legislature had eliminated collateral review of these claims by repealing 42 Pa.C.S. § 9543(a)(2)(v) and that the writ of habeas corpus could not be used to circumvent the restriction of a statutory remedy. We granted review to decide whether Appellant has a claim upon which a writ of habeas corpus may be granted.

We begin our analysis with the repeal of 42 Pa.C.S. § 9543(a)(2)(v) and its effect on claims of ineffective assistance of counsel arising from the plea-bargaining process. Section 9543(a)(2)(v) of the PCRA entitled a petitioner to relief for any claim of a constitutional violation that would qualify for federal habeas corpus relief. In Commonwealth v. Boyd, 547 Pa. 111, 688 A.2d 1172 (1997), Boyd asserted that his trial counsel was ineffective for advising him to reject a plea offer. Boyd filed a PCRA petition, which the trial court denied. The Superior Court affirmed the denial of PCRA relief on the grounds that Boyd’s claim that counsel was ineffective for advising him to[*284] reject the plea offer was not cognizable under the PCRA because it did not implicate the truth-determining process, as required by 42 Pa.C.S. § 9543(a)(2)(ii). [3] Boyd, 688 A.2d at 1174. We disagreed with the Superior Court that Boyd’s claim was not cognizable under the PCRA. Noting that ineffective assistance of counsel claims in connection with plea offers would entitle a claimant to federal habeas corpus relief, we held that Boyd’s claim was cognizable under Section 9543(a)(2)(v). Id. at 1175.

In reversing the Superior Court in Boyd, however, we endorsed the Superior Court’s view that ineffective assistance of counsel claims that arise from the plea-bargaining process do not implicate the truth-determining process, and therefore do not qualify pursuant to 42 Pa.C.S. § 9543(a)(2)(ii). We stated:

[wjhile the Superior Court correctly recognized that ineffective assistance of counsel claims under PCRA section 9543(a)(2)(h) require that counsel’s conduct undermine the truth-determining process, see Commonwealth v. Buehl, 540 Pa. 493, 505, 658 A.2d 771, 777 (1995), it failed to consider that ineffective assistance clahns that do not implicate the truth-determining process but involve certain constitutional or statutory violations are also cognizable under the PCRA.

Boyd, 688 A.2d at 1174 (footnote omitted).

Since our decision in Boyd, however, this Court has retreated from the view expressed in Commonwealth v. Buehl, relied on by the Boyd court, that Section 9543(a)(2)(h) of the PCRA places a higher burden on a petitioner to show ineffective assistance of counsel than that required by the Sixth Amendment as defined by Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In Commonwealth v. Kimball, 555 Pa. 299, 724 A.2d 326 (1999), we disapproved of Buehl and held that Section 9543(a)(2)(h) does not place a more stringent standard for collateral review of claims of[*285] ineffective assistance of counsel than the Sixth Amendment standard applicable to ineffectiveness claims raised on direct appeal. We interpreted the language from Section 9543(a)(2)(ii) requiring proof that counsel’s ineffectiveness “so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place” as embodying the prejudice element of the Sixth Amendment standard for ineffectiveness claims articulated in Strickland. Accordingly, we held that the standard of review, pursuant to Section 9543(a)(2)(ii), of an ineffectiveness claim raised in a PCRA petition is the Strickland standard, as followed by this Court in Commonwealth v. Pierce, 515 Pa. 153, 527 A.2d 973 (1987). [4] See Kimball, 724 A.2d at 333.

The question implicated in the present case is whether Section 9543(a)(2)(ii) limits the scope of ineffective assistance of counsel claims reviewable in a PCRA proceeding. On previous occasions when this Court considered the scope of Section 9543(a)(2)(ii), we declined to read the language “so undermined the truth determining process that no reliable adjudication of guilt or innocence could have taken place” as limiting review of ineffectiveness claims raised in a PCRA petition solely to claims of counsel’s errors during trial. In Commonwealth v. Lantzy, 558 Pa. 214, 736 A.2d 564 (1999), we interpreted Section 9543(a)(2)(h) to apply to claims of ineffective assistance of counsel for failing to file an appeal. In Commonwealth v. Chester, 557 Pa. 358, 733 A.2d 1242 (1999), we permitted a PCRA petitioner in a capital case to challenge counsel’s ineffectiveness during the penalty phase of his trial and disagreed with the ruling of the PCRA court that the language of Section 9543(a)(2)(ii) precludes review of such claims. In each case, we refused to read Section 9548(a)(2)(h) narrowly. We discerned no legislative intent either to prevent a PCRA petitioner from vindicating his or her rights to the effective assistance of counsel during the penalty phase of a capital case, see Chester, 733 A.2d at 1249, or to deprive a[*286] defendant of his or her right under Article V, Section 9 of the Pennsylvania Constitution to a direct appeal by denying the defendant the opportunity to challenge counsel’s ineffectiveness for failing to file a requested appeal, see Lantzy, 736 A.2d at 572.

Lantzy and Chester continue this movement started by this Court in Kimball towards an interpretation of Section 9543(a) (2)(ii) that permits all constitutionally-cognizable claims of ineffective assistance of counsel to be raised in a PCRA petition. Just as in Kimball, where we found no evidence in the enactment of Section 9543(a)(2)(ii) of a legislative purpose to restrict the standard for review of claims of ineffective assistance of counsel, we similarly see no intent by the legislature to limit the scope of ineffectiveness claims reviewable in PCRA proceedings. We read Section 9543(a)(2)(ii) to encompass all constitutionally-cognizable claims of ineffective assistance of counsel, i.e., all claims that the petitioner was deprived of his or her Sixth Amendment and Article I, Section 9 rights to counsel. We reiterate the position adopted by this Court in Kimball that the language “so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place” merely represents a statutory adoption of the prejudice standard for Sixth Amendment ineffective assistance of counsel claims as developed in Strickland. See Kimball, 724 A.2d at 332. Therefore, if a petitioner claims that he or she was denied the effective assistance of counsel in violation of the Sixth Amendment and Article I, Section 9 of the Pennsylvania Constitution, Section 9543(a)(2)(ii) of the PCRA allows the petitioner to seek relief.

Although we are satisfied that the language of Section 9543(a)(2)(ii), as we interpreted it in Kimball, supports our conclusion that all constitutionally-cognizable claims of ineffective assistance of counsel may be reviewed in a PCRA petition, we further rely on the reasoning advanced in Lantzy and Chester regarding the undesirability of bifurcated collateral review proceedings. Appellant, relying on Commonwealth v. Peterkin, 554 Pa. 547, 722 A.2d 638 (1999), contends that if the PCRA does not authorize review of his claim of trial counsel’s[*287] ineffectiveness, then he must be allowed to bring the claim in a habeas corpus petition. In Peterkin, [5] we found that “the legislature intended that the writ [of habeas corpus] would continue to exist as a separate remedy” but “only in cases in which there is no remedy under the PCRA.” Id. at 640. We reinforced this view in Commonwealth v. Fahy, 558 Pa. 313, 737 A.2d 214, 223-24 (1999): “a writ for habeas corpus continues to exist as a separate remedy. Even so, the writ continues to exist as an independent basis for relief only in cases in which there is no remedy under the PCRA.” This authority supports Appellant’s position that, if he could not obtain review of his claim of ineffective assistance of counsel under the PCRA, he would be entitled to seek a writ of habeas corpus. In Lantzy and Chester, however, we declined to interpret Section 9543(a)(2)(ii) narrowly to preclude PCRA review of certain claims of ineffective assistance of counsel that would be eligible for relief in habeas corpus proceedings because such an interpretation would result in bifurcated collateral review. In other words, the claims of a petitioner that qualify under the PCRA would be subject to the pleading, proof, and timeliness requirements of the PCRA, but claims for which there is no remedy under the PCRA but which otherwise qualify for habeas corpus relief could be brought in a habeas petition that would not be subject to the same pleading, proof, and timeliness requirements applicable to PCRA claims. We[*288] rejected this sort of bifurcation as inconsistent with legislative intent regarding post-conviction collateral review. Lantzy, 736 A.2d at 569; Chester, 733 A.2d at 1251. Our decision today to interpret Section 9543(a)(2)(ii) as applying to all constitutionally-cognizable claims of ineffective assistance of counsel similarly avoids a bifurcated collateral review process whereby some claims of ineffective assistance of counsel would be reviewed pursuant to PCRA standards, while other claims of ineffective assistance of counsel would be reviewable only in parallel habeas corpus proceedings.

In the present case, Appellant raised his claim of ineffective assistance of counsel in a habeas corpus petition because he believed, pursuant to Boyd, [6] that the repeal of Section 9543(a)(2)(v) denied him the ability to raise his ineffective assistance of counsel claim in a PCRA petition. Because we now hold that such ineffectiveness claims are cognizable under 42 Pa.C.S. § 9543(a)(2)(ii), we will reverse and remand to the trial court to treat Appellant’s petition as a PCRA petition. Our caselaw makes clear that, where a remedy is available under the PCRA, one may not seek relief outside of the PCRA. See Peterkin, 722 A.2d at 641. Consequently, Appellant cannot use a habeas corpus petition to obtain review of a claim of ineffective assistance of counsel for which the PCRA provides a remedy.

We reverse the Order of the Superior Court and remand to the trial court for proceedings consistent with this opinion.

1

. 42 Pa.C.S. §§ 6501 — 05.

2

. This section of the Post Conviction Relief Act (PCRA) formerly read: (a) Genera] Rule — To be eligible for relief under this subchapter, a person must plead and prove by a preponderance of the evidence all of the following:

(2) That the conviction or sentence resulted from one or more of the following:
(v) a violation of the provisions of the Constitution, law or treaties of the United States which would require the granting of a Federal habeas corpus relief to a State prisoner.
3

. This section authorizes relief where the petitioner shows:

(ii) 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.
4

. In Pierce, this Court held that the guarantee of the right to counsel provided in Article I, Section 9 of the Pennsylvania Constitution does not extend greater protection than the Sixlh Amendment. Pierce, 527 A.2d at 976.

5

. One of the issues addressed in Peterkin was whether the legislature had eliminated the writ of habeas corpus as a means of collateral attack of a criminal conviction when it enacted Section 9542 of the PCRA, which provides that the PCRA "shall be the sole means of obtaining collateral relief and encompasses all other common law and statutory remedies for the same purpose . .. including habeas corpus and coram nobis.” 42 Pa.C.S. § 9542. In light of the prohibition in Article I, Section 14 of the Pennsylvania Constitution against suspension of the writ of habeas corpus, and the provision in the habeas corpus statute that "[w]here a person is restrained by virtue of sentence after conviction for a criminal offense, the writ of habeas corpus shall not be available if a remedy may be had by post-conviction hearing proceedings authorized by law,” 42 Pa.C.S. § 6503(b), we held that these constitutional and statutory provisions, when read together with 42 Pa.C.S. § 9542, demonstrated a legislative intent that the writ of habeas corpus remain viable as a means of collateral review of a criminal conviction only where the PCRA fails to provide a remedy. See Peterkin, 722 A.2d at 639 — 40.

6

. To the extent that Boyd suggested that ineffective assistance of counsel claims that arise from the plea-bargaining process are not eligible for review under 42 Pa.C.S. § 9543(a)(2)(h), it is overruled.