merits of the ineffectiveness claim in Pennsylvania

2022Where, as here, PCRA counsel’s assertion of his own ineffectiveness “vindicate[s Brooks’] right to effective PCRA counsel,” Bradley, 261 A.3d at 397, and we are able to make a conclusive determination as to the merits of the ineffectiveness claim from the record, McBee, supra, we may review the claim. -4- J-S09006- 22 A.3d 810 (Pa. 2016), that Alleyne’s new procedural rule does not apply retroactively to cases on collateral review, a stand-alone Alleyne claim would entitle Brooks to no PCRA relief.

2011It emphasizes that to overcome the presumption that counsel was effective, a defendant must show that counsel’s conduct was deficient or “outside the wide range of professionally competent assistance,” and that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694, 104 S.Ct. 2052 .

2007And since, under the Collins decision, the relationship between the underlying claim that the court erred and a claim that counsel provided ineffective assistance in relation to such error are mutually exclusive, and as such are to be explored by reaching the merits of the ineffectiveness claim, we are constrained to inquire as to whether the PCRA Court below has considered and addressed Appellant’s ineffective assistance of counsel claims in their totality. 11 ¶ 13 Here, the Commonwealth’s reliance upon Commonwealth v. Jones, 590 Pa. 202 , 912 A.2d 268 (2006), is misplaced.

2007And since, under the Collins decision, the relationship between the underlying claim that the court erred and a claim that counsel provided ineffective assistance in relation to such error are mutually exclusive, and as such are to be explored by reaching the merits of the ineffectiveness claim, we are constrained to inquire as to whether the PCRA Court below has considered and addressed Appellant’s ineffective assistance of counsel claims in their totality. 11 ¶ 13 Here, the Commonwealth’s reliance upon Commonwealth v. Jones, 590 Pa. 202 , 912 A.2d 268 (2006), is misplaced.

2004In doing so, we noted that the issue was “fully litigated at the PCRA hearing,” and *249 that “an adequate record [exists] upon which we can assess this ineffectiveness claim because there was a full evidentiary hearing on the issue at which trial counsel appeared and testified.” Wright, 832 A.2d at 1108-09 .

2004Commonwealth v. Causey, 833 A.2d 165 (Pa.Super.2003).