meritless claim in Pennsylvania

2025See, e.g., Commonwealth v. Rivera, 199 A.3d 365, 384 (Pa. 2018); accord Commonwealth v. Loner, 836 A.2d 125, 132 (Pa. Super. 2003) (“Counsel cannot be deemed ineffective for failing to pursue a meritless claim.”).

2025See Commonwealth v. Loner, 836 A.2d 125, 132 (Pa. Super. 2003) (“Counsel cannot be deemed ineffective for failing to pursue a meritless claim”). -7-

2026See Commonwealth v. Spotz, 896 A.2d 1191, 1210 (Pa. 2006) (“Counsel will not be deemed ineffective for failing to raise a meritless claim.” (cleaned up)). - 11 - Order affirmed.

2026See Commonwealth v. Spotz, 896 A.2d 1191, 1222 (Pa. 2006) (stating that “counsel will not be deemed ineffective for failing to raise a meritless claim”).

2023That claim would have lacked merit unless it necessarily implied that if counsel had investigated, he would have obtained Teel’s medical records and produced them as evidence at trial, and that the evidence would have changed the outcome of the trial, because “[c]ounsel will not be deemed ineffective for failing to raise a meritless claim.” Commonwealth v. Jones, 912 A.2d 268, 278 (Pa. 2006).

2021Likewise, “[c]ounsel will not be deemed ineffective for failing to raise a meritless claim.” Commonwealth v. Jones, 912 A.2d 268, 278 (Pa. 2006).

2026Commonwealth v. Hannibal, 638 Pa. 336, 371 , 156 A.3d 197, 217 (2016) (citing Commonwealth v. Treiber, 632 Pa. 449, 466 , 121 A.3d 435, 445 (2015)) (“counsel cannot be deemed ineffective for failing to raise a meritless claim”). -8- Accordingly, we affirm the PCRA court’s decision to deny Appellant’s petition without a hearing.

2026Further, “counsel cannot be deemed ineffective for failing to raise a meritless claim.” Commonwealth v. Treiber, 121 A.3d 435, 445 (Pa. 2015).

2026Notably, “[c]ounsel cannot be deemed ineffective for failing to raise a meritless claim.” Commonwealth v. Johnson, 139 A.3d 1257, 1272 (Pa. 2016) (citation omitted). - 12 - A criminal defendant has the right to effective counsel during a plea process as well as during trial.

2026Counsel cannot be found to be ineffective “for failing to raise a meritless claim.” Commonwealth v. Johnson, 139 A.3d 1257, 1272 (Pa. 2016) (cleaned up).

2026Importantly, “counsel cannot be deemed ineffective for failing to raise a meritless claim.” Fears, 86 A.3d at 804 . *** Appellant first asserts that trial counsel was ineffective for failing to raise the issue that “venue was not proper for Dauphin County” for the offenses that occurred in Juniata County.

2026See Commonwealth v. Fears, 86 A.3d 795, 804 (Pa. 2014) (stating that “counsel cannot be deemed ineffective for failing to raise a meritless claim”).

2026Commonwealth v. Chmiel, 30 A.3d 1111, 1127 (Pa. 2011) (employing ineffective assistance of counsel test from Commonwealth v. Pierce, 527 A.2d 973, 975-76 (Pa. 1987)). … Additionally, counsel cannot be deemed ineffective for failing to raise a meritless claim.

2026Commonwealth v. Chmiel, 30 A.3d 1111, 1127 (Pa. 2011) (employing ineffective assistance of counsel test from Commonwealth v. Pierce, 527 A.2d 973, 975-76 (Pa. 1987)). … Additionally, counsel cannot be deemed ineffective for failing to raise a meritless claim.

2026Commonwealth v. Chmiel, 30 A.3d 1111, 1127 (Pa. 2011) (employing ineffective assistance of counsel test from Commonwealth v. Pierce, 527 A.2d 973, 975-76 (Pa. 1987)). … Additionally, counsel cannot be deemed ineffective for failing to raise a meritless claim.

2026Commonwealth v. Chmiel, 30 A.3d 1111, 1127 (Pa. 2011) (employing ineffective assistance of counsel test from Commonwealth v. Pierce, 527 A.2d 973, 975-76 (Pa. 1987)). … Additionally, counsel cannot be deemed ineffective for failing to raise a meritless claim.

2026“Counsel will not be deemed ineffective for failing to raise a meritless claim.” Commonwealth v. Washington, 927 A.2d 586, 603 (Pa. 2007).

2023See Commonwealth v. Washington, 927 A.2d 586, 608 (Pa. 2007) (stating that “[c]ounsel will not be deemed ineffective for failing to raise a meritless claim”)).

2022It is well-settled that “counsel cannot be held ineffective for failing to pursue a meritless claim[.]” Commonwealth v. Hall, 867 A.2d 619, 632 (Pa. Super. 2005).

2022It is well-settled that “counsel cannot be held ineffective for failing to pursue a meritless claim[.]” Commonwealth v. Hall, 867 A.2d 619 , 632 (Pa. Super. 2005).

2026See, e.g., Commonwealth v. Rega, 933 A.2d 997, 1019 (Pa. 2007) (“Trial counsel will not be deemed ineffective for failing to pursue a meritless claim.”).

2024“Trial counsel will not be deemed ineffective for failing to pursue a meritless claim.” Id. at 1019 .

2023Commonwealth v. Rykard, 55 A.3d 1177, 1190 (Pa. Super. 2012).

2023Commonwealth v. Rykard, 55 A.3d 1177, 1190 (Pa. Super. 2012).

2026See Montalvo, supra; Poplawski, supra. Thus, we agree with the PCRA court that Appellant is not entitled to relief on his layered ineffective assistance of counsel claim.

2026Poplawski, 852 A.2d at 327 .

2026Commonwealth -5- v. Sneed, 45 A.3d 1096, 1106 (Pa. 2012). “[C]ounsel cannot be held to be ineffective for failing to take futile actions or to raise a meritless claim.” Commonwealth v. Howard, 645 A.2d 1300, 1304 (Pa. 1994).

2020See Commonwealth v. Sneed, 45 A.3d 1096, 1115 (Pa. 2012) (“Counsel will not be deemed ineffective for failing to raise a meritless claim.”).

2019“In order to prevail on an ineffectiveness claim, therefore, Appellant must demonstrate that: (1) the underlying claim is of arguable merit; (2) counsel had no -5- reasonable basis for the course of conduct in question; and (3) he suffered prejudice as a result of counsel’s ineffectiveness, i.e., there is a reasonable probability that but for counsel’s act or omission in question, the outcome of the proceeding would have been different.” Commonwealth v. Spencer, 892 A.2d 840, 841-842 (Pa. Super. 2006). “[C]ounsel will not be found ineffective for failing to raise a meritless claim.” Commonweal

2013Having failed to invoke his right to counsel prior to giving his uncounseled, incriminating statements at his custodial interrogation of January 13, 2013, Appellant raises a meritless claim that all prior counsel ineffectively failed to challenge his statement on Fifth Amendment grounds. “[I]t is axiomatic that [trial] counsel will not be considered ineffective for failing to pursue meritless claims.” Commonwealth v. Pursell, 555 Pa. 233 , 724 A.2d 293, 304 (1999), reargument denied (citation omitted).

2026See Commonwealth v. Rivera, 199 A.3d 365, 384 (Pa. 2018) (counsel cannot be ineffective for failing to pursue a meritless claim on appeal).

2025See, e.g., Commonwealth v. Rivera, 199 A.3d 365, 384 (Pa. 2018); accord Commonwealth v. Loner, 836 A.2d 125, 132 (Pa. Super. 2003) (“Counsel cannot be deemed ineffective for failing to pursue a meritless claim.”).

2007See Commonwealth v. Marinelli, 589 Pa. 682 , 910 A.2d 672, 680 (2006) (Opinion Announcing Judgment of Court) (“Counsel will not be deemed ineffective for failing to raise a meritless claim.”) (citing Commonwealth v. (Darrick) Hall, 549 Pa.269, 701 A.2d 190, 203 (1997)). .

2007See Commonwealth v. Marinelli, 589 Pa. 682 , 910 A.2d 672, 680 (2006) (Opinion Announcing Judgment of Court) ("Counsel will not be deemed ineffective for failing to raise a meritless claim.") (citing Commonwealth v. (Darrick) Hall, 549 Pa.269, 701 A.2d 190, 203 (1997)). [11] Additionally, as noted in footnote 11 supra, the jury was properly informed of the elements it was required to find beyond a reasonable doubt in order to return a guilty verdict.

2025The first prong of the ineffective assistance of counsel test questions whether the asserted claim is of arguable merit because "counsel cannot be considered ineffective for failing to assert a meritless claim." Commonwealth v. Durst, 559 A.2d 504,505 (Pa. 1989).

2021Counsel "cannot be considered ineffective for failing to assert a meritless claim[,]" see Commonwealth v. Durst, 559 A.2d 504, 505 (Pa. 1989), or for failing to seek a change in the law, see Commonwealth v. Bryant, 855 A.2d 726, 749 (Pa. 2004) ("counsel cannot be deemed ineffective for failing to advance the change in the law").

2026“Counsel will not be found ineffective for failing - 10 - to raise a meritless claim.” Commonwealth v. Brown, 196 A.3d 130, 151 (Pa. 2018).

2026“Counsel will not be found ineffective for failing to raise a meritless claim.” Commonwealth v. Brown, 196 A.3d 130, 151 (Pa. 2018). -4- Appellant’s first ineffectiveness claim is that trial counsel failed to adequately cross-examine the victim “with text messages that she sent during the period in which the crime purportedly happened.” Appellant’s Brief at 16.

2020Commonwealth v. Tharp, 101 A.3d 736, 747 (Pa. 2014).

2015See Commonwealth v. Tharp, 101 A.3d 736, 747 (Pa. 2014) (“[C]ounsel cannot be deemed ineffective for failing to raise a meritless claim.”).

2023Moreover, “counsel cannot be deemed ineffective for failing to raise a meritless claim.” Commonwealth v. Rivera, 108 A.3d 779, 789 (Pa. 2014) (citation omitted).

2017See Commonwealth v. Rivera, 108 A.3d 779, 789 (Pa. 2014) (“[C]ounsel cannot be deemed ineffective for failing to raise a meritless claim.”) (citation omitted); see also Laird, supra at 978 ; Rolan, supra at 406 .

2025See Commonwealth v. Moser, 921 A.2d 526, 531 (Pa. Super. 2007).6 ____________________________________________ 6 Regarding “arguable merit,” this Court has provided that, “[t]he first inquiry in an ineffectiveness claim is always whether the issue/argument/tactic which counsel has foregone and which forms the basis for the assertion of ineffectiveness is of arguable merit; for counsel cannot be considered ineffective for failing to assert a meritless claim.” Commonwealth v. Lott, 581 A.2d 612, 614 (Pa. Super. 1990) (internal citation and quotations omitted).

2025As for appellate counsel specifically, [w]ith regard to “reasonable basis” in the appellate context, it is well settled that appellate counsel is entitled, as a matter of strategy, to forego even meritorious issues in favor of issues he believes pose a greater likelihood of success. ____________________________________________ 6 Regarding “arguable merit,” this Court has provided that, “[t]he first inquiry in an ineffectiveness claim is always whether the issue/argument/tactic which counsel has foregone and which forms the basis for the assertion of ineffectiveness is of arguable merit; for co

2026See Commonwealth v. Lawrence, 960 A.2d 473, 478 (Pa. Super. 2008) (appellate counsel cannot be ineffective for failing to pursue a meritless claim).

2024See, e.g., Commonwealth v. Lawrence, 960 A.2d 473, 478 (Pa. Super. 2008) (counsel cannot be ineffective for failing to raise a meritless claim on appeal).

2023“Counsel will not be deemed ineffective for failing to raise a meritless claim.” Com[monwealth] v. Spotz, 896 A.2d 1191, 1210 ([Pa.] 2006) (citing Commonwealth v. Tilley, 780 A.2d 649 ([Pa.] 2001)).

2021See Commonwealth v. Tilley, 780 A.2d 649 (Pa. 2001) (“Counsel will not be deemed ineffective for failing to raise a meritless claim.”).