ineffective assistance claim in Pennsylvania

2026To prevail on an ineffective assistance claim, a defendant must establish “(1) [the] underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed to effectuate [her client’s] interests; and (3) but for counsel’s ineffectiveness, there is a reasonable probability that the outcome of the proceedings would have been different.” Id., supra, 10 A.3d at 291 (citations omitted).

2026To prevail on an ineffective assistance claim, a defendant must establish “(1) [the] underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed to effectuate [her client’s] interests; and (3) but for counsel’s ineffectiveness, there is a reasonable probability that the outcome of the proceedings would have been different.” Id., supra, 10 A.3d at 291 (citations omitted).

2025A PCRA petitioner must satisfy the test set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984), and Commonwealth v. Pierce, 527 A.2d 973, 975 (Pa. 1987), to prevail on an ineffective assistance claim.

2025A PCRA petitioner must satisfy the test set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984), and Commonwealth v. Pierce, 527 A.2d 973, 975 (Pa. 1987), to prevail on an ineffective assistance claim.

2023See Commonwealth v. Pierce, 786 A.2d 203, 221 (Pa. 2001) (petitioner cannot prevail on an ineffective assistance claim absent an “analysis of the record or specific allegations of how [counsel's] failure . . . prejudiced him.”); see also Commonwealth v. Wholaver, 177 A.3d 136, 144 (Pa. 2018) (stating that “[a] PCRA petitioner must address each of the [ineffective assistance of counsel] prongs on appeal”).

2016Id. (internal 5 quotations and citations omitted); see also Com. v. Pierce, 786 A.2d 203, 221 (Pa. 2001) (petitioner cannot prevail on an ineffective assistance claim absent an "analysis of the record or specific allegations of how [counsel's] failure ... prejudiced him.").

2025A PCRA petitioner must satisfy the test set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984), and Commonwealth v. Pierce, 527 A.2d 973, 975 (Pa. 1987), to prevail on an ineffective assistance claim.

2025A PCRA petitioner must satisfy the test set forth in Strickland v. Washington, 466 U.S. 668, 687 (1984), and Commonwealth v. Pierce, 527 A.2d 973, 975 (Pa. 1987), to prevail on an ineffective assistance claim.

2018See Commonwealth v. Fears, 86 A.3d 795 at 804 (Pa. 2014) (noting that, if an ineffective assistance claim falls short under any element, the court need not consider other elements).

2017Commonwealth v. Fears, 86 A.3d, 795 at 804 (Pa. 2014) (noting that, if an ineffective assistance claim falls short under any element, the court may skip ahead to that element).

2009See Commonwealth v. Pierce, 567 Pa. 186, 203 , 786 A.2d 203, 213 (2001); Commonwealth v. Kimball, 555 Pa. 299, 312 , 724 A.2d 326, 333 (1999); see also Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984) (explaining that, to support an ineffective assistance claim, a defendant must show that counsel’s performance was deficient and that such deficiencies prejudiced the defense).

2009See Commonwealth v. Pierce, 567 Pa. 186, 203 , 786 A.2d 203, 213 (2001); Commonwealth v. Kimball, 555 Pa. 299, 312 , 724 A.2d 326, 333 (1999); see also Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984) (explaining that, to support an ineffective assistance claim, a defendant must show that counsel’s performance was deficient and that such deficiencies prejudiced the defense).

2024Rainey, 928 A.2d at 224 ; Commonwealth v. Albrecht, 720 A.2d 693, 701 (Pa. 1998) (“If it is clear that [the a]ppellant has not demonstrated that counsel's act or omission adversely affected the outcome of the proceedings, the claim may be dismissed on that basis alone and the court need not first determine whether the first and second prongs have been met.”).

2023Rainey, 928 A.2d at 224-225 ; Commonwealth v. Albrecht, 720 A.2d 693, 701 (Pa. 1998) (“If it is clear that [the a]ppellant has not demonstrated that counsel's act or omission adversely affected the outcome of the proceedings, the claim may be dismissed on that basis alone and the court need not first determine whether the first and second prongs have been met.”).

2021Since Appellant’s failure to demonstrate arguable merit is fatal to his claim of ineffective assistance, Chmiel, 30 A.3d at 1128 , we need not address whether Appellant satisfies the remaining two prongs of the ineffective assistance test.

2015See Commonwealth v. Chmiel, 30 A.3d 1111 (Pa. 2011), (1'Reasonable basis" prong of an ineffective assistance claim does not question whether there were other more logical courses of action which counsel could have pursued, but, rather, examines whether counsel's decisions had any reasonable basis.) Finally, this court noted in the Opinion we submitted as a result of Defendant's direct appeal, These characterizations of Defendant and his behavior were made in the context of the evidence presented at trial, and represented oratorical flair.

2023See Commonwealth v. Daniels, 963 A.2d 409, 419 (Pa. 2009).

2023See Commonwealth v. Daniels, 963 A.2d 409, 419 (Pa. 2009).

2019See Commonwealth v. Mason, 130 A.3d 601, 618-19 (Pa. 2015) (to prevail upon a layered ineffectiveness claim, a PCRA petitioner must present argument on and prove the three prongs of the ineffective-assistance test, including that “the legal claim underlying the ineffectiveness claim has arguable merit[,]” as to each relevant layer of representation); Commonwealth v. Elliott, 80 A.3d 415, 427 (Pa. 2013) (to prevail on a claim of most recent counsel’s ineffectiveness for failure to raise an allegation of earlier counsel’s ineffectiveness, a PCRA petitioner must present a layered claim that shows

2017See Commonwealth v. Mason, 130 A.3d 601, 619 (Pa. 2015) (holding, to prevail upon a layered ineffectiveness claim, a PCRA petitioner must present argument on the three prongs of the ineffective-assistance test as to each relevant layer of representation); Commonwealth v. Elliott, 80 A.3d 415, 427 (Pa. 2013) (stating, to prevail on a claim of most recent counsel’s ineffectiveness for failure to raise an -6- J-S18041-17 allegation of earlier counsel’s ineffectiveness, a PCRA petitioner must present a layered claim that shows ineffectiveness at each layer of allegedly ineffective representation),

2020With particular reference to Appellant’s request for an evidentiary hearing, our Supreme Court has stated that “[w]here the record reflects that the underlying claim is of no arguable merit or no prejudice resulted, no evidentiary hearing on an ineffective assistance claim is required.” Commonwealth v. Pirela, 726 A.2d 1026, 1037 (Pa. 1999).

2003See, e.g., Commonwealth v. Pirela, 556 Pa. 32 , 726 A.2d 1026, 1037 (1999) (“Where the record reflects that the underlying claim is of no arguable merit or no prejudice resulted, no evidentiary hearing on an ineffective assistance claim is required.”) (citation omitted).

2008Counsel is presumed to have rendered effective assistance, see Commonwealth v. Basemore, 560 Pa. 258 , 277 n. 10, 744 A.2d 717 , 728 n. 10 (2000) (citing Commonwealth v. Copenhefer, 553 Pa. 285, 301 , 719 A.2d 242, 250 (1998)), and, if the petitioner fails to satisfy any prong of the ineffectiveness inquiry, his claim will be rejected.

2008Counsel is presumed to have rendered effective assistance, see Commonwealth v. Basemore, 560 Pa. 258 , 277 n. 10, 744 A.2d 717 , 728 n. 10 (2000) (citing Commonwealth v. Copenhefer, 553 Pa. 285, 301 , 719 A.2d 242, 250 (1998)), and, if the petitioner fails to satisfy any prong of the ineffectiveness inquiry, his claim will be rejected.

2021For this reason, and in light of the other circumstances present in this case, petitioner must show prejudice in order to obtain a new trial. 137 S.Ct. at 1910, 1913 (emphasis added).

2018Weaver stated that "The two doctrines are intertwined; for the reasons an error is deemed structural may influence the proper standard used to evaluate an ineffective-assistance claim premised on the failure to object to that error." Id. at 1907 .

2020Commonwealth v. Medina, 209 A.3d 992, 1000 (Pa. Super. 2019).

2020Medina, 209 A.3d at 1000 .

2003Because “appellate courts do not normally consider issues that were not raised and developed in the court below!,]” id., the Grant court reasoned that “[deferring review of trial counsel ineffectiveness claims until the collateral review stage of the proceedings offers a petitioner the best avenue to effect his Sixth Amendment right to counsel.” Id. ¶ 14 Grant leaves one open question however: may an appellate court address the merits of an ineffective assistance claim when the claim was, as is the case here, properly raised in a timely post-sentence motion filed in and ruled upon by the trial

2003Because “appellate courts do not normally consider issues that were not raised and developed in the court below!,]” id., the Grant court reasoned that “[deferring review of trial counsel ineffectiveness claims until the collateral review stage of the proceedings offers a petitioner the best avenue to effect his Sixth Amendment right to counsel.” Id. ¶ 14 Grant leaves one open question however: may an appellate court address the merits of an ineffective assistance claim when the claim was, as is the case here, properly raised in a timely post-sentence motion filed in and ruled upon by the trial

2020See Commonwealth v. Johnson, 966 A.2d 523, 536 (Pa. 2009).

2020See Commonwealth v. Johnson, 966 A.2d 523, 536 (Pa. 2009).

2019See Commonwealth v. Mason, 130 A.3d 601, 618-19 (Pa. 2015) (to prevail upon a layered ineffectiveness claim, a PCRA petitioner must present argument on and prove the three prongs of the ineffective-assistance test, including that “the legal claim underlying the ineffectiveness claim has arguable merit[,]” as to each relevant layer of representation); Commonwealth v. Elliott, 80 A.3d 415, 427 (Pa. 2013) (to prevail on a claim of most recent counsel’s ineffectiveness for failure to raise an allegation of earlier counsel’s ineffectiveness, a PCRA petitioner must present a layered claim that shows

2017See Commonwealth v. Mason, 130 A.3d 601, 619 (Pa. 2015) (holding, to prevail upon a layered ineffectiveness claim, a PCRA petitioner must present argument on the three prongs of the ineffective-assistance test as to each relevant layer of representation); Commonwealth v. Elliott, 80 A.3d 415, 427 (Pa. 2013) (stating, to prevail on a claim of most recent counsel’s ineffectiveness for failure to raise an -6- J-S18041-17 allegation of earlier counsel’s ineffectiveness, a PCRA petitioner must present a layered claim that shows ineffectiveness at each layer of allegedly ineffective representation),

2018See also Commonwealth v. Williams, 936 A.2d 12, 19 (Pa. 2007) ("rt is settled that the test for counsel ineffectiveness is the same under both the Pennsylvania and Federal Constitutions: it is the performance and prejudice test set forth in Strickland v. Washington ... ").

2013See also Commonwealth v. Williams, 594 Pa. 366 , 936 A.2d 12, 19 (2007) (“It is settled that the test for counsel ineffectiveness is the same under both the Pennsylvania and Federal Constitutions: it is the performance and prejudice test set forth in Strickland v. Washington (quoting Commonwealth v. Gribble, 580 Pa. 647 , 863 A.2d 455, 460 (2004) (collecting cases)).

2018Commonwealth v. Britt, 83 A.3d 198, 204 (Pa. Super. 2013) (appellant cannot seek review of ineffectiveness claim on direct appeal, “as it involves non-record-based claims, nor has Appellant waived PCRA review”).

2018Commonwealth v. Britt, 83 A.3d 198, 204 (Pa. Super. 2013) (appellant cannot seek review of ineffectiveness claim on direct appeal, “as it involves non-record-based claims, nor has Appellant waived PCRA review”).

2017The three prongs of an ineffective assistance claim are sometimes referred to collectively as the "Pierce test." See. e.g., Commonwealth v. McGill, 832 A.2d 1014, 1022-24 (Pa. 2003).

2008Commonwealth v. McGill, 574 Pa. 574 , 832 A.2d 1014, 1020 (2003); Commonwealth v. (Michael) Pierce, 567 Pa. 186 , 786 A.2d 203, 213 (2001); Commonwealth v. (Charles) Pierce, 515 Pa. 153 , 527 A.2d 973 (1987); see also Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (explaining that, to establish an ineffective assistance claim, a defendant must show that counsel’s performance was deficient and that such deficiencies prejudiced the defense).

2022See Commonwealth v. Rosado, 150 A.3d 425, 429 (Pa. 2016); see also Commonwealth v. Reed, 971 A.2d 1216, 1221 (Pa. 2009) (holding that a -5- J-S03024-22 claim of per se ineffective assistance of counsel, if established, presumes prejudice without requiring the petitioner to demonstrate actual prejudice).

2018In Rosado, our Supreme Court addressed an ineffective assistance claim that was raised in a timely filed PCRA petition and held that counsel’s “filing of an appellate brief which abandons all preserved issues in favor of unpreserved ones constitutes ineffective assistance of counsel per se.” Id. at 440 .

2014Ineffective Assistance The test to be employed in considering ineffectiveness during a penalty stage is succinctly set forth in Com. v. Paddy, 609 Pa. 272 , 15 A.3d 431, 468, n. 23 (2011).

2014Ineffective Assistance The test to be employed in considering ineffectiveness during a penalty stage is succinctly set forth in Com. v. Paddy, 609 Pa. 272 , 15 A.3d 431, 468, n. 23 (2011).

2026See id. at 311 (citing Commonwealth v. Holmes, 79 A.3d 562, 576-78 (Pa. 2013)).

2025Since none of the exceptions to the general rule of deferral are present here, Appellant’s allegations of ineffective assistance – none of which have been proven at a hearing – “are not properly before us on this direct appeal.” Watson, 310 A.3d at 313 ; see also Commonwealth v. Rosenthal, 233 A.3d 880, 887 (Pa. Super. 2020) (“we may not consider the ineffective assistance claim raised by Appellant in this direct appeal” where none of the exceptions to the general rule of deferral apply).

2026See id. at 311 (citing Commonwealth v. Holmes, 79 A.3d 562, 576-78 (Pa. 2013)).

2020Accordingly, [the trial court] vacated the sentences relating to the living room incident (i.e., one count of indecent assault and one count of corruption of minors). [The court] denied [Appellant’s] motion for a new trial based upon the weight of the evidence, after finding that the jury’s verdict did not shock our sense of justice. [The court] also denied the motion for a new trial based upon trial counsel’s alleged ineffectiveness. [The trial court] found that the ineffective assistance claim did not warrant consideration and relief on direct review under the limited exception recognized in

2023He may do so by showing circumstances “that - 10 - J-S03040-23 are so likely to prejudice the accused that the cost of litigating their effect in a particular case is unjustified.” Commonwealth v. Reaves, 923 A.2d 1119, 1128 (Pa. 2007) (quoting U.S. v. Cronic, 466 U.S. at 648, 658 (1984)).

1988See e.g., Strickland v. Washington, 466 US 668 , 80 L Ed 2d 674 , 104 S Ct 2052 ; United States v. Cronic, 466 US 648, 655-657 , 80 L Ed 2d 657 , 104 S Ct 2039 [2044-2046], (1984).

2022While a petitioner alleging ineffectiveness of counsel must establish all three prongs of an ineffective assistance claim, see Johnson, 139 A.3d at 1272 , under narrow circumstances, including an actual or constructive denial of counsel, he may assert a claim of ineffectiveness per se.

2022Notably, “[c]ounsel cannot be deemed ineffective for failing to raise a meritless claim.” Commonwealth v. Johnson, 635 Pa. 665 , 139 A.3d 1257, 1272 (2016) (citation omitted).

2020“The right to the constitutionally effective assistance of counsel extends to counsel’s role in guiding his client with regard to the consequences of entering into a guilty plea.” Commonwealth v. Barndt, 74 A.3d 185, 192 (Pa. Super. 2013).

2017Under the PCRA, "to establish prejudice, the defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Commonwealth v. Barndt, 74 A.3d 185 , 1q2 (Pa. Super.