prongs of the ineffectiveness test (Pennsylvania) · Go Syfert
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prongs of the ineffectiveness test in Pennsylvania

39 Pennsylvania opinions name it 3 courts 2002–2022 3 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

CaseFollowedCited
Commonwealth v. Rolangreen
pasuperct · 2008 · cited in 21 Pennsylvania opinions naming this issue, 2014–2022
2 sentences

2018“Counsel’s assistance is deemed constitutionally effective once this Court determines that the defendant has not established any one of the prongs of the ineffectiveness test.” Commonwealth v. Rolan, 964 A.2d 398, 406 (Pa. Super. 2008) (citation omitted) (emphasis in original). ____________________________________________ 5 See Roper v. Simmons, 543 U.S. 551, 574 (2005) for a discussion of why the age of eighteen is “is the point where society draws the line for many purposes between childhood and adulthood.” -6- J-S48042-18 Appellant’s petition is untimely, and he has not satisfied a timeline

2017“Counsel’s assistance is deemed constitutionally effective once this Court determines that the defendant has not established any one of the prongs of the ineffectiveness test.” Commonwealth v. Rolan, 964 A.2d 398, 406 (Pa. Super. 2008) (citation and emphasis omitted).

2121
Commonwealth v. Freelandgreen
pasuperct · 2014 · cited in 7 Pennsylvania opinions naming this issue, 2016–2020
2 sentences

2020Commonwealth v. Freeland, 106 A.3d 768, 775 (Pa.Super. 2014) (“Counsel's assistance is deemed constitutionally effective once this Court determines that the defendant has not established any one of the prongs of the ineffectiveness test”).

2017Freeland, 106 A.3d at 775 (“Counsel’s assistance is deemed constitutionally effective once this -5- J-S55033-17 Court determines that the defendant has not established any one of the prongs of the ineffectiveness test”).

77
Wright v. Commonwealthgreen
pa · 2014 · cited in 2 Pennsylvania opinions naming this issue, 2015–2016
2 sentences

2016This Court analyzes PCRA appeals “in the light most favorable to the prevailing party at the PCRA level.” [Commonwealth v.] Rykard, [ 55 A.3d 1177 (Pa. Super 2012), appeal denied, 64 A.3d 631 (Pa. 2013)] at 1183 (emphasis added); see also Spotz, supra at 311 (“The scope of review is limited to the findings of the PCRA court and the evidence of record, viewed in the light most favorable to the prevailing party at the trial level.”) (emphasis added).

2015Additionally, * * * This Court analyzes PCRA appeals “in the light most favorable to the prevailing party at the PCRA level.” [Commonwealth v.] Rykard, [ 55 A.3d 1177 ,] 1183 [(Pa. Super. 2012), appeal denied, 619 Pa. 714 , 64 A.3d 631 (2013) (footnote omitted).] (emphasis added); see also Spotz, supra at 311 (“The scope of review is limited to the findings of the PCRA court and the evidence of record, viewed in the light most favorable to the prevailing party at the trial level.”) (emphasis added).

22
Commonwealth v. Piercegreen
pa · 1987 · cited in 9 Pennsylvania opinions naming this issue, 2002–2019
2 sentences

2015“Counsel's assistance is deemed constitutionally effective once this Court determines that the defendant has not established any one of the prongs of the ineffectiveness test.” Id. (citation omitted; emphasis in original).

2015“Counsel’s assistance is deemed constitutionally effective once this Court determines that the defendant has not established any one of the prongs of the ineffectiveness test.” Id. (citation and emphasis omitted).

19
Commonwealth v. Fultongreen
pa · 2003 · cited in 2 Pennsylvania opinions naming this issue, 2016–2016
2 sentences

2016See Fulton, supra at 572 .

2016Because Appellant has failed to establish all of the prongs of the ineffectiveness test as set forth in Fulton, supra, Appellant is not entitled to relief.

12
Commonwealth v. Jonesgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Jones, 942 A.2d at 906 .

11
Commonwealth v. Chmielgreen
pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020See Commonwealth v. Chmiel, 30 A.3d 1111, 1128 (Pa. 2011) (noting that boilerplate allegations and bald assertions cannot satisfy a petitioner’s burden to prove ineffective assistance of counsel); see also Holt, supra. Accordingly, Stewart’s first two claims fail.

11
Commonwealth v. Holtgreen
pasuperct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020See Commonwealth v. Chmiel, 30 A.3d 1111, 1128 (Pa. 2011) (noting that boilerplate allegations and bald assertions cannot satisfy a petitioner’s burden to prove ineffective assistance of counsel); see also Holt, supra. Accordingly, Stewart’s first two claims fail.

11
Roper v. Simmonsgreen
scotus · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018“Counsel’s assistance is deemed constitutionally effective once this Court determines that the defendant has not established any one of the prongs of the ineffectiveness test.” Commonwealth v. Rolan, 964 A.2d 398, 406 (Pa. Super. 2008) (citation omitted) (emphasis in original). ____________________________________________ 5 See Roper v. Simmons, 543 U.S. 551, 574 (2005) for a discussion of why the age of eighteen is “is the point where society draws the line for many purposes between childhood and adulthood.” -6- J-S48042-18 Appellant’s petition is untimely, and he has not satisfied a timeline

11
Commonwealth v. Champneygreen
pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Champney, 65 A.3d at 396 .

11
Commonwealth v. Perzelgreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Commonwealth v. Perzel, 116 A.3d 670, 671-72 (Pa. Super. 2015). -8- J-S67032-15 “Counsel’s assistance is deemed constitutionally effective once this Court determines that the defendant has not established any one of the prongs of the ineffectiveness test.” Commonwealth v. Rolan, 964 A.2d 398, 406 (Pa. Super. 2008) (citations omitted) (emphasis in original).

11
Commonwealth v. Harveygreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2008–2008
2 sentences

2008“Counsel’s assistance is deemed constitutionally effective once this Court determines that the defendant has not established any one of the prongs of the ineffectiveness test.” Commonwealth v. Harvey, 571 Pa. 533 , 812 A.2d 1190, 1196 (2002) (citations omitted) (emphasis added).

2008“Counsel’s assistance is deemed constitutionally effective once this Court determines that the defendant has not established any one of the prongs of the ineffectiveness test.” Commonwealth v. Harvey, 571 Pa. 533 , 812 A.2d 1190, 1196 (2002) (citations omitted) (emphasis added).

11
Commonwealth v. Johnsongreen
pa · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002See, e.g., Commonwealth v. Johnson, 527 Pa. 118 , 588 A.2d 1303, 1305 (1991); Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973, 975 (1987); Commonwealth v. Boyd, 461 Pa. 17 , 334 A.2d 610, 616 (1975).

2002See, e.g., Commonwealth v. Johnson, 527 Pa. 118 , 588 A.2d 1303, 1305 (1991); Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973, 975 (1987); Commonwealth v. Boyd, 461 Pa. 17 , 334 A.2d 610, 616 (1975).

11
Commonwealth v. Boydgreen
pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002See, e.g., Commonwealth v. Johnson, 527 Pa. 118 , 588 A.2d 1303, 1305 (1991); Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973, 975 (1987); Commonwealth v. Boyd, 461 Pa. 17 , 334 A.2d 610, 616 (1975).

2002See, e.g., Commonwealth v. Johnson, 527 Pa. 118 , 588 A.2d 1303, 1305 (1991); Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973, 975 (1987); Commonwealth v. Boyd, 461 Pa. 17 , 334 A.2d 610, 616 (1975).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Commonwealth v. Rykard red
pasuperct · 2012
2 sentences

2016This Court analyzes PCRA appeals “in the light most favorable to the prevailing party at the PCRA level.” [Commonwealth v.] Rykard, [ 55 A.3d 1177 (Pa. Super 2012), appeal denied, 64 A.3d 631 (Pa. 2013)] at 1183 (emphasis added); see also Spotz, supra at 311 (“The scope of review is limited to the findings of the PCRA court and the evidence of record, viewed in the light most favorable to the prevailing party at the trial level.”) (emphasis added).

2016This Court analyzes PCRA appeals “in the light most favorable to the prevailing party at the PCRA level.” [Commonwealth v.] Rykard, [ 55 A.3d 1177 (Pa. Super 2012), appeal denied, 64 A.3d 631 (Pa. 2013)] at 1183 (emphasis added); see also Spotz, supra at 311 (“The scope of review is limited to the findings of the PCRA court and the evidence of record, viewed in the light most favorable to the prevailing party at the trial level.”) (emphasis added).

22015–2016
Strickland v. Washington green
scotus · 1984
1 sentence

2019Because Appellant has completely failed to develop a layered claim of ineffectiveness, his first issue fails. ____________________________________________ 1 Strickland v. Washington, 466 U.S. 668 (1984); Commonwealth v. Pierce, 527 A.2d 973 (Pa. 1987).

12019–2019
Alleyne v. United States green
scotus · 2013
1 sentence

2017Here, Appellant maintains that counsel was ineffective for failing to raise a claim that [his] mandatory minimum sentence violated Alleyne v. United States, 570 U.S. 99 (2013).3 This issue does not merit relief.

12017–2017

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (14)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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