appellant must overcome presumption in Pennsylvania

2014Commonwealth. v. (Michael) Pierce, 786 A.2d 203, 213 (Pa. 2001).

2004See Commonwealth v. (Michael) Pierce, 567 Pa. 186 , 786 A.2d 203, 213 (2001); Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999).

2004See Commonwealth v. (Michael) Pierce, 567 Pa. 186 , 786 A.2d 203, 213 (2001); Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999).

2004See Commonwealth v. (Michael) Pierce, 567 Pa. 186 , 786 A.2d 203, 213 (2001); Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999).

2002See also Bell v. Cone, 535 U.S. 685 , ___, 122 S.Ct. 1843, 1850-52 , 152 L.Ed.2d 914 (2002); Commonwealth v. (Charles) Pierce, 515 Pa.153, 527 A.2d 973 (1987). [9] To prevail on a claim that counsel was constitutionally ineffective, the appellant must overcome the presumption of competence by showing 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 challenged proc

2002See also Bell v. Cone, 535 U.S. 685 , ___, 122 S.Ct. 1843, 1850-52 , 152 L.Ed.2d 914 (2002); Commonwealth v. (Charles) Pierce, 515 Pa.153, 527 A.2d 973 (1987). [9] To prevail on a claim that counsel was constitutionally ineffective, the appellant must overcome the presumption of competence by showing 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 challenged proc

2003Commonwealth v. (Michael) Pierce, 567 Pa. 186 , 786 A.2d 203, 213 (2001); Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999). [19] A failure to satisfy any prong of the test for ineffectiveness will require rejection of the claim. ( Michael) Pierce, 786 A.2d at 221-22; see also Commonwealth v. Albrecht, 554 Pa. 31 , 720 A.2d 693, 701 (1998) ("If it is clear that Appellant 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 s

2003Commonwealth v. (Michael) Pierce, 567 Pa. 186 , 786 A.2d 203, 213 (2001); Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999). [19] A failure to satisfy any prong of the test for ineffectiveness will require rejection of the claim. ( Michael) Pierce, 786 A.2d at 221-22; see also Commonwealth v. Albrecht, 554 Pa. 31 , 720 A.2d 693, 701 (1998) ("If it is clear that Appellant 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 s

2002See also Bell v. Cone, 535 U.S. 685 , ___, 122 S.Ct. 1843, 1850-52 , 152 L.Ed.2d 914 (2002); Commonwealth v. (Charles) Pierce, 515 Pa.153, 527 A.2d 973 (1987). [9] To prevail on a claim that counsel was constitutionally ineffective, the appellant must overcome the presumption of competence by showing 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 challenged proc

2002In any event, it is well-settled that the test for counsel ineffectiveness is the same under both charters: It is the performance and prejudice test as set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); see also Bell v. Cone, 535 U.S. 685, 694-697 , 122 S.Ct. 1843, 1850-52 , 152 L.Ed.2d 914 (2002); Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 (Pa.1987). 10 To prevail on a claim that counsel was constitutionally ineffective, the appellant must overcome the presumption of competence by showing that: (1) his underlying claim is of arguable merit; (

2022Commonwealth v. Wharton, 19 See Exhibit C-1: photographs of the Complainant's injuries taken at the hospital the night of the incident; see also Exhibit D-1: the Complainant's statement submitted to Detective Duffy the night of the incident. 20 Id. at p. 21-25. 21 Id. 22 Id. 4 811 A.2d 978, 986 (Pa. 2002) (quoting Strickland v. Washington, 466 U.S. 688 ; 122 S. Ct. 1843 (1984)).

2022Commonwealth v. Wharton, 19 See Exhibit C-1: photographs of the Complainant's injuries taken at the hospital the night of the incident; see also Exhibit D-1: the Complainant's statement submitted to Detective Duffy the night of the incident. 20 Id. at p. 21-25. 21 Id. 22 Id. 4 811 A.2d 978, 986 (Pa. 2002) (quoting Strickland v. Washington, 466 U.S. 688 ; 122 S. Ct. 1843 (1984)).

2007Commonwealth v. Manuel, 844 A.2d 1, 7 (Pa.Super.2004).

2006“The findings of the post-conviction court will not be disturbed unless they have no support in the record.” Commonwealth v. Granberry, 434 Pa.Super. 524 , 644 A.2d 204, 207 (1994) (citations omitted). ¶ 7 The standard applicable to ineffective assistance of counsel claims is well-settled: To prevail on a claim that counsel was constitutionally ineffective, the appellant must overcome the presumption of competence by showing 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

2006“The findings of the post-conviction court will not be disturbed unless they have no support in the record.” Commonwealth v. Granberry, 434 Pa.Super. 524 , 644 A.2d 204, 207 (1994) (citations omitted). ¶ 7 The standard applicable to ineffective assistance of counsel claims is well-settled: To prevail on a claim that counsel was constitutionally ineffective, the appellant must overcome the presumption of competence by showing 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

2003"To prevail on a claim that counsel was constitutionally ineffective, the appellant must overcome the presumption of competence by showing 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 challenged proceeding would have been different." Id. at 855.

2003“To prevail on a claim that counsel was constitutionally ineffective, the appellant must overcome the presumption of competence by showing 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 challenged proceeding would have been different.” Id. at 855.

2002Commonwealth v. (Michael) Pierce, 567 Pa.186, 786 A.2d 203, 213 (2001); Commonwealth v. Kimball, 555 Pa. 299 , 724 A.2d 326, 333 (1999). [10] A failure to satisfy any prong of the test for ineffectiveness will require rejection of the claim. ( Michael) Pierce, 786 A.2d at 221-22; see also Williams, 782 A.2d at 525 ("PCRA counsel must, in pleadings and briefs, undertake to develop, to the extent possible, the nature of the claim asserted with respect to each individual facet of a layered ineffectiveness claim, including that which relates to appellate counsel."); Albrecht, 720 A.2d at 701 ("If