Washington standard in Pennsylvania

1987It must also be emphasized that the Washington standard does not mandate the highest quality of advocacy available, but does insist that there be at least a certain *204 minimum level of competency. 427 Pa. at 604 , 235 A.2d at 352 .

1987It must also be emphasized that the Washington standard does not mandate the highest quality of advocacy available, but does insist that there be at least a certain *204 minimum level of competency. 427 Pa. at 604 , 235 A.2d at 352 .

1977Commonwealth v. Robinson, 452 Pa. 316 , 305 A.2d 354 (1973).

1977Commonwealth v. Robinson, 452 Pa. 316 , 305 A.2d 354 (1973).

2026See APR 17(a)(2)(A); Hunt, 880 P.2d at 99 ; see also Bennion, Van Camp, Hagen & Ruhl v. Kassler Escrow, Inc., 635 P.2d 730, 732 (Wash. 1981) (explaining that “the practice of law … is generally acknowledged to include not only the doing or performing of services in the courts of justice, throughout the various stages thereof, but in a larger sense includes legal advice and counsel and the preparation of legal instruments by which legal rights and obligations are established”).3 ____________________________________________ 3 We note that State ex rel.

2022However, the opinion does not contain any reference to recklessness, and the second paragraph of the opinion states that “Appellant does not challenge the sufficiency of the evidence[.]” Washington, 700 A.2d at 404 .

2021Excerpt of Juror 29 at 5. - 15 - J-S35038-21 Irvin v. Dowd, 366 U.S. 717 (1961), cited by the PCRA court, does not compel a different conclusion.

2020Smith, supra. Washington’s reliance upon our Supreme Court’s decision in Nieves, supra, is misplaced because it is easily distinguishable.

2020Smith, supra. Washington’s reliance upon our Supreme Court’s decision in Nieves, supra, is misplaced because it is easily distinguishable.

2020In his fifth claim, Washington claims that trial counsel rendered ineffective assistance by misrepresenting the plea negotiations to Washington. - 11 - J-S16039-20 Id.

2015The trial judge also noted the “ghastly”, id., nature of the injuries.5 Following our review of the certified record, we agree with counsel that Washington’s claim that his sentence is manifestly excessive and that the trial court failed to consider the statutory sentencing requirements is frivolous.

1993The legislature’s awareness and tacit approval of the City of Washington standard of review is supported by the Official Source Note to section 7302 of the UAA which states that ‘Subsection (d) is intended to preserve without change the scope of review which presently exists over awards of arbitrators such as those appointed under [Act 111].’ (Emphasis added.) Id., 514 Pa. at 510 , 526 A.2d at 319 .

1993The legislature’s awareness and tacit approval of the City of Washington standard of review is supported by the Official Source Note to section 7302 of the UAA which states that ‘Subsection (d) is intended to preserve without change the scope of review which presently exists over awards of arbitrators such as those appointed under [Act 111].’ (Emphasis added.) Id., 514 Pa. at 510 , 526 A.2d at 319 .

1989The Court noted that under the rule, a party “may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action.” Seattle Times, 467 U.S. at 29 , 104 S.Ct. at 2205 , quoting Washington Superior Court Civil Rule 26(b)(1).

1989The Court noted that under the rule, a party “may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action.” Seattle Times, 467 U.S. at 29 , 104 S.Ct. at 2205 , quoting Washington Superior Court Civil Rule 26(b)(1).

1988Commonwealth v. Hubbard, 472 Pa. 259 , 372 A.2d 687 (1977).

1988Commonwealth v. Hubbard, 472 Pa. 259 , 372 A.2d 687 (1977).

1987Unfortunately, there have been decisions which purportedly applied the Washington standard that presumed preju dice where it was not evident from the record. 4 Commonwealth v. Bolden, 512 Pa. 468 , 517 A.2d 935 (1986) (Nix, C.J. and McDermott, J. dissenting); Commonwealth v. Bricker, 506 Pa. 571 , 487 A.2d 346 (1985).

1987Unfortunately, there have been decisions which purportedly applied the Washington standard that presumed preju dice where it was not evident from the record. 4 Commonwealth v. Bolden, 512 Pa. 468 , 517 A.2d 935 (1986) (Nix, C.J. and McDermott, J. dissenting); Commonwealth v. Bricker, 506 Pa. 571 , 487 A.2d 346 (1985).

1987He stated: Time and again this Court, in its application of the Washington test, see Id., 427 Pa. at 604 , 235 A.2d 349 , has properly made an independent review of the record to determine whether there was ‘a reasonable basis’ for counsel’s action or non-action (citation omitted).

1987He stated: Time and again this Court, in its application of the Washington test, see Id., 427 Pa. at 604 , 235 A.2d 349 , has properly made an independent review of the record to determine whether there was ‘a reasonable basis’ for counsel’s action or non-action (citation omitted).

1987Unfortunately, there have been decisions which purportedly applied the Washington standard that presumed preju dice where it was not evident from the record. 4 Commonwealth v. Bolden, 512 Pa. 468 , 517 A.2d 935 (1986) (Nix, C.J. and McDermott, J. dissenting); Commonwealth v. Bricker, 506 Pa. 571 , 487 A.2d 346 (1985).

1987Unfortunately, there have been decisions which purportedly applied the Washington standard that presumed preju dice where it was not evident from the record. 4 Commonwealth v. Bolden, 512 Pa. 468 , 517 A.2d 935 (1986) (Nix, C.J. and McDermott, J. dissenting); Commonwealth v. Bricker, 506 Pa. 571 , 487 A.2d 346 (1985).

1987See, e.g., Guthrie v. Borough of Wilkinsburg, supra; Chirico v. Board of Supervisors for Newton Township, 504 Pa. 71 , 470 A.2d 470 (1983); Township of Moon v. Police Officers of Township of Moon, supra; Lower Merion Fraternal Order of Police Lodge Number Twenty-Eight v. Township of Lower Merion, 511 Pa. 186 , 512 A.2d 612 (1986) reargument heard on January 29, 1987 (evenly divided Court affirming Commonwealth Court; all six participating Justices in agreement, however, with City of Washington standard of review as governing).

1987See, e.g., Guthrie v. Borough of Wilkinsburg, supra; Chirico v. Board of Supervisors for Newton Township, 504 Pa. 71 , 470 A.2d 470 (1983); Township of Moon v. Police Officers of Township of Moon, supra; Lower Merion Fraternal Order of Police Lodge Number Twenty-Eight v. Township of Lower Merion, 511 Pa. 186 , 512 A.2d 612 (1986) reargument heard on January 29, 1987 (evenly divided Court affirming Commonwealth Court; all six participating Justices in agreement, however, with City of Washington standard of review as governing).

1987See, e.g., Guthrie v. Borough of Wilkinsburg, supra; Chirico v. Board of Supervisors for Newton Township, 504 Pa. 71 , 470 A.2d 470 (1983); Township of Moon v. Police Officers of Township of Moon, supra; Lower Merion Fraternal Order of Police Lodge Number Twenty-Eight v. Township of Lower Merion, 511 Pa. 186 , 512 A.2d 612 (1986) reargument heard on January 29, 1987 (evenly divided Court affirming Commonwealth Court; all six participating Justices in agreement, however, with City of Washington standard of review as governing).

1987See, e.g., Guthrie v. Borough of Wilkinsburg, supra; Chirico v. Board of Supervisors for Newton Township, 504 Pa. 71 , 470 A.2d 470 (1983); Township of Moon v. Police Officers of Township of Moon, supra; Lower Merion Fraternal Order of Police Lodge Number Twenty-Eight v. Township of Lower Merion, 511 Pa. 186 , 512 A.2d 612 (1986) reargument heard on January 29, 1987 (evenly divided Court affirming Commonwealth Court; all six participating Justices in agreement, however, with City of Washington standard of review as governing).

1987See, e.g., Guthrie v. Borough of Wilkinsburg, supra; Chirico v. Board of Supervisors for Newton Township, 504 Pa. 71 , 470 A.2d 470 (1983); Township of Moon v. Police Officers of Township of Moon, supra; Lower Merion Fraternal Order of Police Lodge Number Twenty-Eight v. Township of Lower Merion, 511 Pa. 186 , 512 A.2d 612 (1986) reargument heard on January 29, 1987 (evenly divided Court affirming Commonwealth Court; all six participating Justices in agreement, however, with City of Washington standard of review as governing).

1976Since both the Supreme Court and this court have consistently reaffirmed the Washington standard of "no reasonable basis," Commonwealth v. Nole, 461 Pa. 314 , 336 A.2d 302 (1975); Commonwealth v. Betts, 234 Pa. Superior Ct. 642, 645 , 341 A.2d 912 (1975), I believe we should continue to apply it. [2] Thus, even if we were to use the majority's standard of ineffectiveness, counsel here would have been ineffective.

1976Since both the Supreme Court and this court have consistently reaffirmed the Washington standard of "no reasonable basis," Commonwealth v. Nole, 461 Pa. 314 , 336 A.2d 302 (1975); Commonwealth v. Betts, 234 Pa. Superior Ct. 642, 645 , 341 A.2d 912 (1975), I believe we should continue to apply it. [2] Thus, even if we were to use the majority's standard of ineffectiveness, counsel here would have been ineffective.

1976Since both the Supreme Court and this court have consistently reaffirmed the Washington standard of "no reasonable basis," Commonwealth v. Nole, 461 Pa. 314 , 336 A.2d 302 (1975); Commonwealth v. Betts, 234 Pa. Superior Ct. 642, 645 , 341 A.2d 912 (1975), I believe we should continue to apply it. [2] Thus, even if we were to use the majority's standard of ineffectiveness, counsel here would have been ineffective.

1976Since both the Supreme Court and this court have consistently reaffirmed the Washington standard of "no reasonable basis," Commonwealth v. Nole, 461 Pa. 314 , 336 A.2d 302 (1975); Commonwealth v. Betts, 234 Pa. Superior Ct. 642, 645 , 341 A.2d 912 (1975), I believe we should continue to apply it. [2] Thus, even if we were to use the majority's standard of ineffectiveness, counsel here would have been ineffective.

1969Thus, the Washington rule is quite tolerant of what in hindsight may appear to be unwise choice of counsel. 2 Also see Commonwealth v. White, 214 Pa. Superior Ct. 264 , 252 A. 2d 204 (1969).

1969Thus, the Washington rule is quite tolerant of what in hindsight may appear to be unwise choice of counsel. 2 Also see Commonwealth v. White, 214 Pa. Superior Ct. 264 , 252 A. 2d 204 (1969).