constitutional ineffectiveness standard (Pennsylvania) · Go Syfert
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constitutional ineffectiveness standard in Pennsylvania

17 Pennsylvania opinions name it 4 courts 2001–2023 1 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 (12)

CaseFollowedCited
Commonwealth v. Kimballgreen
pa · 1999 · cited in 10 Pennsylvania opinions naming this issue, 2001–2018
2 sentences

2018Commonwealth v. (Michael) Pierce [ 567 Pa. 186 ], 786 A.2d 203, 213 (Pa.2001),· Commonwealth v. Kimball [ 555 Pa. 299 ], 724 A.2d 326, 333 (Pa.1999).

2018Commonwealth v. (Michael) Pierce [ 567 Pa. 186 ], 786 A.2d 203, 213 (Pa.2001),· Commonwealth v. Kimball [ 555 Pa. 299 ], 724 A.2d 326, 333 (Pa.1999).

1010
Commonwealth v. Pierceyellow
pa · 2001 · cited in 10 Pennsylvania opinions naming this issue, 2001–2018
2 sentences

2001See ( Michael) Pierce, 786 A.2d at 221 -22 Commonwealth v. Rivers, 786 A.2d 923, 929 (Pa.2001) (Opinion Announcing Judgment of Court). [9] The constitutional ineffectiveness standard requires that appellant show that: (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 his interests; and (3) but for counsel's ineffectiveness, there is a reasonable probability that the outcome of the proceedings would have been different.

2001See (Michael) Pierce, 786 A.2d at 221 -22 Commonwealth v. Rivers, 786 A.2d 923, 929 (Pa.2001) (Opinion Announcing Judgment of Court). 9 The constitutional ineffectiveness standard requires that appellant show that: (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 his interests; and (3) but for counsel’s ineffectiveness, there is a reasonable probability that the outcome of the proceedings would have been different.

1010
Commonwealth v. Spotzgreen
pa · 2005 · cited in 2 Pennsylvania opinions naming this issue, 2005–2023
2 sentences

2023The PCRA court’s assessment of due diligence relied exclusively upon the distorting effects of hindsight, reconstructed the circumstances of counsel’s conduct, and evaluated the attorney’s efforts not from the attorney’s perspective at the time but 35 Commonwealth v. Spotz, 870 A.2d 822, 830 (Pa. 2005) (“Thus, the constitutional ineffectiveness standard requires the defendant to rebut the presumption of professional competence by demonstrating that: (1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed

2005Commonwealth v. Spotz, 582 Pa. 207, 220 , 870 A.2d 822, 830 (2005); Commonwealth v. Cotillis, no. 97 CR 381, Nealon, J. at p. 7 (Lacka.

22
Commonwealth v. Simmonsgreen
pa · 2001 · cited in 2 Pennsylvania opinions naming this issue, 2010–2019
2 sentences

2019Commonwealth v. Simmons, 569 Pa. 405 , 804 A. 2d 625, 639 (2001) (footnote omitted). 29 5.

2019Commonwealth v. Simmons, 569 Pa. 405 , 804 A. 2d 625, 639 (2001) (footnote omitted). 29 5.

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 2 Pennsylvania opinions naming this issue, 2001–2001
2 sentences

2001Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999); see also Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 (defendant must show that “counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment” and that defendant was prejudiced by the deficient performance).

2001Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999); see also Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 (defendant must show that “counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment” and that defendant was prejudiced by the deficient performance).

12
Lockhart v. Fretwellgreen
scotus · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023The PCRA court’s assessment of due diligence relied exclusively upon the distorting effects of hindsight, reconstructed the circumstances of counsel’s conduct, and evaluated the attorney’s efforts not from the attorney’s perspective at the time but 35 Commonwealth v. Spotz, 870 A.2d 822, 830 (Pa. 2005) (“Thus, the constitutional ineffectiveness standard requires the defendant to rebut the presumption of professional competence by demonstrating that: (1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed

11
Commonwealth v. Jonesgreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
2 sentences

2023The PCRA court’s assessment of due diligence relied exclusively upon the distorting effects of hindsight, reconstructed the circumstances of counsel’s conduct, and evaluated the attorney’s efforts not from the attorney’s perspective at the time but 35 Commonwealth v. Spotz, 870 A.2d 822, 830 (Pa. 2005) (“Thus, the constitutional ineffectiveness standard requires the defendant to rebut the presumption of professional competence by demonstrating that: (1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed

2023The PCRA court’s assessment of due diligence relied exclusively upon the distorting effects of hindsight, reconstructed the circumstances of counsel’s conduct, and evaluated the attorney’s efforts not from the attorney’s perspective at the time but 35 Commonwealth v. Spotz, 870 A.2d 822, 830 (Pa. 2005) (“Thus, the constitutional ineffectiveness standard requires the defendant to rebut the presumption of professional competence by demonstrating that: (1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed

11
Commonwealth v. Sneedgreen
pa · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023The PCRA court’s assessment of due diligence relied exclusively upon the distorting effects of hindsight, reconstructed the circumstances of counsel’s conduct, and evaluated the attorney’s efforts not from the attorney’s perspective at the time but 35 Commonwealth v. Spotz, 870 A.2d 822, 830 (Pa. 2005) (“Thus, the constitutional ineffectiveness standard requires the defendant to rebut the presumption of professional competence by demonstrating that: (1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed

11
Commonwealth v. Millergreen
pa · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023The PCRA court’s assessment of due diligence relied exclusively upon the distorting effects of hindsight, reconstructed the circumstances of counsel’s conduct, and evaluated the attorney’s efforts not from the attorney’s perspective at the time but 35 Commonwealth v. Spotz, 870 A.2d 822, 830 (Pa. 2005) (“Thus, the constitutional ineffectiveness standard requires the defendant to rebut the presumption of professional competence by demonstrating that: (1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed

11
Commonwealth v. Pettusgreen
pa · 1981 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
2 sentences

2010Counsel is always presumed effective. “[T]he unshifting burden to prove ineffectiveness always rests upon [petitioner] and the defendant must always plead and prove both that counsel’s performance was deficient and that actual prejudice resulted from the deficient performance.” Commonwealth v. Simmons, 569 Pa. 405, 429 , 804 A.2d 625, 639 (2001), quoting (Commonwealth v. Pettus, 492 Pa. 558, 563 , 424 A.2d 1332, 1335 (1981) “(court will not consider boilerplate claims of ineffective assistance)).

2010Counsel is always presumed effective. “[T]he unshifting burden to prove ineffectiveness always rests upon [petitioner] and the defendant must always plead and prove both that counsel’s performance was deficient and that actual prejudice resulted from the deficient performance.” Commonwealth v. Simmons, 569 Pa. 405, 429 , 804 A.2d 625, 639 (2001), quoting (Commonwealth v. Pettus, 492 Pa. 558, 563 , 424 A.2d 1332, 1335 (1981) “(court will not consider boilerplate claims of ineffective assistance)).

11
Commonwealth v. Riversgreen
pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001
2 sentences

2001See ( Michael) Pierce, 786 A.2d at 221 -22 Commonwealth v. Rivers, 786 A.2d 923, 929 (Pa.2001) (Opinion Announcing Judgment of Court). [9] The constitutional ineffectiveness standard requires that appellant show that: (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 his interests; and (3) but for counsel's ineffectiveness, there is a reasonable probability that the outcome of the proceedings would have been different.

2001See (Michael) Pierce, 786 A.2d at 221 -22 Commonwealth v. Rivers, 786 A.2d 923, 929 (Pa.2001) (Opinion Announcing Judgment of Court). 9 The constitutional ineffectiveness standard requires that appellant show that: (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 his interests; and (3) but for counsel’s ineffectiveness, there is a reasonable probability that the outcome of the proceedings would have been different.

11
Commonwealth v. Lantzygreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2001–2001
2 sentences

2001See Commonwealth v. Lantzy, 558 Pa. 214 , 736 A.2d 564 , 570 & n. 6 (1999); Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999).

2001See Commonwealth v. Lantzy, 558 Pa. 214 , 736 A.2d 564 , 570 & n. 6 (1999); Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999).

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 (1)

CaseCitedYears
Commonwealth v. Pierce green
pa · 1987
2 sentences

2002See Commonwealth v. Bond, 819 A.2d at 41-42, 2002 WL 1958492 , at *5; Commonwealth v. (Charles) Pierce, 515 Pa.153, 527 A.2d 973 (1987). 14 The constitutional ineffectiveness standard requires appellant to demonstrate that: (1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed to effectuate his interests; and (3) but for counsel’s ineffectiveness, there is a reasonable probability that the outcome of the proceedings would have been different.

2002See Commonwealth v. Bond, ___ A.2d at ___, 2002 WL 1958492 , at *5; Commonwealth v. (Charles) Pierce, 515 Pa.153, 527 A.2d 973 (1987). [14] The constitutional ineffectiveness standard requires appellant to demonstrate that: (1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed to effectuate his interests; and (3) but for counsel's ineffectiveness, there is a reasonable probability that the outcome of the proceedings would have been different.

22002–2016

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (13) PA § 42 Pa. Cons. Stat. § 9541 (10) PA § 42 Pa. Cons. Stat. § 9544 (9) PA § 42 Pa. Cons. Stat. § 9711 (9) PA § 42 Pa. Cons. Stat. § 9545 (7) PA § 18 Pa. Cons. Stat. § 2502 (4) PA § 18 Pa. Cons. Stat. § 907 (3)

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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