PCRA premised claim (Pennsylvania) · Go Syfert
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PCRA premised claim in Pennsylvania

188 Pennsylvania opinions name it 1 courts 2014–2026 98 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 (8)

CaseFollowedCited
Commonwealth v. Johnsongreen
pa · 2009 · cited in 165 Pennsylvania opinions naming this issue, 2014–2026
2 sentences

2023To obtain relief under the PCRA premised on a claim that counsel was ineffective, a petitioner must establish by a preponderance of the evidence that counsel’s ineffectiveness so undermined the truth determining process that no reliable adjudication of guilt or innocence could have taken place. -5- J-S23029-23 Commonwealth v. Johnson, 966 A.2d 523, 532 (Pa. 2009).

2017To obtain relief under the PCRA premised on a claim that counsel was ineffective, a petitioner must establish by a preponderance of the evidence that counsel’s ineffectiveness “so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.” Commonwealth v. Johnson, 966 A.2d 523, 532 (Pa. 2009) (citation -4- J-S59044-17 omitted).

152165
Commonwealth v. Piercegreen
pa · 1987 · cited in 7 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017See Commonwealth v. Pierce, 527 A.2d 973, 975 (Pa. 1987).

2017See Commonwealth v. Pierce, 527 A.2d 973, 975 (Pa. 1987).

77
Com. v. Webb, J.green
pasuperct · 2020 · cited in 6 Pennsylvania opinions naming this issue, 2021–2026
2 sentences

2026Appellant’s Brief at 10. -5- J-S11006-26 It is well-established that to obtain “relief under the PCRA premised on a claim that counsel was ineffective, a petitioner must establish by a preponderance of the evidence that counsel’s ineffectiveness so undermined the truth determining process that no reliable adjudication of guilt or innocence could have taken place.” Commonwealth v. Webb, 236 A.3d 1170, 1176 (Pa. Super. 2020); see also 42 Pa.C.S.A. § 9543(a)(2)(ii).

2025“To obtain relief under the PCRA premised on a claim that counsel was ineffective, a petitioner must establish by a preponderance of the evidence that counsel’s ineffectiveness so undermined the truth determining process that no reliable adjudication of guilt or innocence could have taken place.” Commonwealth v. Webb, 236 A.3d 1170, 1176 (Pa. Super. 2020); see also 42 Pa.C.S. § 9543(a)(2)(ii).

66
Commonwealth v. Paynegreen
pasuperct · 2002 · cited in 4 Pennsylvania opinions naming this issue, 2016–2017
2 sentences

2017“Further, the PCRA court’s credibility determinations are binding on this Court, where there is record support for those determinations.” Commonwealth v. Anderson, 995 A.2d 1184, 1189 (Pa. Super.), appeal denied, 9 A.3d 626 (Pa. 2010). -4- J-S96042-16 To obtain relief under the PCRA premised on a claim that counsel was ineffective, a petitioner must demonstrate that: “(1) the underlying claim is of arguable merit; (2) counsel had no reasonable strategic basis for his or her action or inaction; and (3) petitioner was prejudiced by counsel’s act or omission.” Payne, 794 A.2d at 905-06 .

2016Commonwealth v. Payne, 794 A.2d 902, 905 (Pa. Super. 2002).

24
Com. v. VGgreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020He may not raise his claim of PCRA counsel’s ineffectiveness for the first time on appeal. see generally, Commonwealth v. Ford, 44 A.3d 1190 (Pa. Super. 2012). 4 “It is well established that a plea of nolo contendere is treated as a guilty plea in terms of its effect upon a given case.” Commonwealth v. V.G., 9 A.3d 222, 226 (Pa. Super. 2010). -4- J-S75022-19 adjudication of guilt or innocence could have taken place.

11
Commonwealth v. Pittsgreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Commonwealth v. Pitts, 981 A.2d 875 , 879 n.3 (Pa. 2009). -6- J-S19020-19 To obtain relief under the PCRA premised on a claim that counsel was ineffective, a petitioner must establish, by a preponderance of the evidence, that counsel's ineffectiveness so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017See Commonwealth v. Pierce, 527 A.2d 973, 975 (Pa. 1987) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)). “[T]he commanding intent of Strickland is to burden the defendant with the task of proving actual prejudice.” Id.

2017See Commonwealth v. Pierce, 527 A.2d 973, 975 (Pa. 1987) (citing Strickland v. Washington, 466 U.S. 668, 687 (1984)). “[T]he commanding intent of Strickland is to burden the defendant with the task of proving actual prejudice.” Id.

11
Commonwealth v. Andersongreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017“Further, the PCRA court’s credibility determinations are binding on this Court, where there is record support for those determinations.” Commonwealth v. Anderson, 995 A.2d 1184, 1189 (Pa. Super.), appeal denied, 9 A.3d 626 (Pa. 2010). -4- J-S96042-16 To obtain relief under the PCRA premised on a claim that counsel was ineffective, a petitioner must demonstrate that: “(1) the underlying claim is of arguable merit; (2) counsel had no reasonable strategic basis for his or her action or inaction; and (3) petitioner was prejudiced by counsel’s act or omission.” Payne, 794 A.2d at 905-06 .

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 (4)

CaseCitedYears
Commonwealth v. Hernandez green
pasuperct · 2013
2 sentences

2014Id.

2014Id.

32014–2014
Commonwealth v. Jordan green
pasuperct · 2001
2 sentences

2014Id.

2014Id.

22014–2014
Commonwealth v. Ford green
pasuperct · 2012
1 sentence

2020He may not raise his claim of PCRA counsel’s ineffectiveness for the first time on appeal. see generally, Commonwealth v. Ford, 44 A.3d 1190 (Pa. Super. 2012). 4 “It is well established that a plea of nolo contendere is treated as a guilty plea in terms of its effect upon a given case.” Commonwealth v. V.G., 9 A.3d 222, 226 (Pa. Super. 2010). -4- J-S75022-19 adjudication of guilt or innocence could have taken place.

12020–2020
Com. v. Bradley green
pa · 2010
1 sentence

2017“Further, the PCRA court’s credibility determinations are binding on this Court, where there is record support for those determinations.” Commonwealth v. Anderson, 995 A.2d 1184, 1189 (Pa. Super.), appeal denied, 9 A.3d 626 (Pa. 2010). -4- J-S96042-16 To obtain relief under the PCRA premised on a claim that counsel was ineffective, a petitioner must demonstrate that: “(1) the underlying claim is of arguable merit; (2) counsel had no reasonable strategic basis for his or her action or inaction; and (3) petitioner was prejudiced by counsel’s act or omission.” Payne, 794 A.2d at 905-06 .

12017–2017

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (8) PA § 42 Pa. Cons. Stat. § 9545 (6)

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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