issue underlying claim in Pennsylvania

86 Pennsylvania opinions name it 3 courts 1981–2024 5 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 (18)

Case	Followed	Cited
Commonwealth v. Buehlgreen pa · 1986 · cited in 24 Pennsylvania opinions naming this issue, 1986–2017 2 sentences 2017Commonwealth v. Pierce. 515 Pa. 153, 158-160 , 527 A.2d 973, 975-76 (1987); Commonwealth v. Buehl, 510Pa. 363, 378-79, 508 A.2d 1167, 1174-75 (1986). 1992Commonwealth v. Pierce, 515 Pa. 153 , [158-160], 527 A.2d 973, 975-76 (1987); Commonwealth v. Buehl, 510 Pa. 363, 378-79 , 508 A.2d 1167, 1174-75 (1986); Commonwealth ex rel.	23	24
Commonwealth v. Johnsongreen pa · 1991 · cited in 23 Pennsylvania opinions naming this issue, 1992–2020 2 sentences 1993Commonwealth v. Johnson, 527 Pa. 118, 122 , 588 A.2d 1303, 1305 (1991) (We are first required to determine whether the issue underlying the claim is of arguable merit; if the claim is without merit, our inquiry ends.). 1993Commonwealth v. Johnson, 527 Pa. 118, 122 , 588 A.2d 1303, 1305 (1991) (We are first required to determine whether the issue underlying the claim is of arguable merit; if the claim is without merit, our inquiry ends.).	22	23
Commonwealth v. Piercegreen pa · 1987 · cited in 12 Pennsylvania opinions naming this issue, 1988–2017 2 sentences 2017Commonwealth v. Pierce. 515 Pa. 153, 158-160 , 527 A.2d 973, 975-76 (1987); Commonwealth v. Buehl, 510Pa. 363, 378-79, 508 A.2d 1167, 1174-75 (1986). 2017Commonwealth v. Pierce. 515 Pa. 153, 158-160 , 527 A.2d 973, 975-76 (1987); Commonwealth v. Buehl, 510Pa. 363, 378-79, 508 A.2d 1167, 1174-75 (1986).	11	12
Commonwealth v. DiNicolagreen pasuperct · 2000 · cited in 4 Pennsylvania opinions naming this issue, 2015–2020 2 sentences 2020Commonwealth v. DiNicola, 751 A.2d 197, 198 (Pa.Super. 2000) (citing Commonwealth v. Johnson, 588 A.2d 1303, 1305 (Pa. 1991 )). 2017Commonwealth v. DiNicola, 751 A.2d 197, 198 (Pa.Super. 2000) (citing Commonwealth v. Johnson, 588 A.2d 1303, 1305 (Pa. 1991)).	3	4
Commonwealth v. Kimballgreen pa · 1999 · cited in 2 Pennsylvania opinions naming this issue, 2016–2017 2 sentences 2017Commonwealth v. Kimball, 724 A.2d 326, 333 (Pa. 1999). 2016Commonwealth v. Kimball, 724 A.2d 326, 333 (Pa. 1999).	2	2
Commonwealth v. Piercegreen pa · 2001 · cited in 2 Pennsylvania opinions naming this issue, 2021–2022 2 sentences 2022See Commonwealth v. Rykard, 55 A.3d 1177, 1190 (Pa. Super. 2012). - 14 - J-S36033-20 that “the issue underlying the claim of ineffectiveness has arguable merit, that defense counsel’s act or omission was not reasonably designed to advance the interests of the defendant, and that the defendant was prejudiced – that is, but for counsel’s errors, the outcome of the proceeding would have been different.” Bradley, 261 A.3d at 390 (citing Commonwealth v. Pierce, 786 A.2d 203, 213 (Pa. 2001)). 2022See Commonwealth v. Rykard, 55 A.3d 1177 , 1190 (Pa. Super. 2012). - 14 - J-S36033-20 that “the issue underlying the claim of ineffectiveness has arguable merit, that defense counsel’s act or omission was not reasonably designed to advance the interests of the defendant, and that the defendant was prejudiced – that is, but for counsel’s errors, the outcome of the proceeding would have been different.” Bradley, 261 A.3d at 390 (citing Commonwealth v. Pierce, 786 A.2d 203 , 213 (Pa. 2001)).	1	2
Commonwealth v. Granberrygreen pasuperct · 1994 · cited in 2 Pennsylvania opinions naming this issue, 1997–1997 2 sentences 1997Commonwealth v. Granberry, 434 Pa.Super. 524, 529-531 , 644 A.2d 204, 207 (1994). 1997Commonwealth v. Granberry, 434 Pa.Super. 524, 529-531 , 644 A.2d 204, 207 (1994).	1	2
Commonwealth v. Chestergreen pa · 1991 · cited in 2 Pennsylvania opinions naming this issue, 1992–1992 2 sentences 1992Recently, that standard was succinctly delineated in Commonwealth v. Chester, 526 Pa. 578 , 587 A.2d 1367 (1991), cert. denied, — U.S. -, 112 S.Ct. 422 , 116 L.Ed.2d 442 (1991): “1) is the issue underlying the claim of ineffectiveness of arguable merit; 2) does the course chosen by counsel have a reasonable basis designed to serve appellant’s interest; and 3) has the appellant suffered prejudice as a result of counsel’s ineffectiveness.” Id. 526 Pa. at 609 , 587 A.2d at 1382 . 1992Recently, that standard was succinctly delineated in Commonwealth v. Chester, 526 Pa. 578 , 587 A.2d 1367 (1991), cert. denied, — U.S. -, 112 S.Ct. 422 , 116 L.Ed.2d 442 (1991): “1) is the issue underlying the claim of ineffectiveness of arguable merit; 2) does the course chosen by counsel have a reasonable basis designed to serve appellant’s interest; and 3) has the appellant suffered prejudice as a result of counsel’s ineffectiveness.” Id. 526 Pa. at 609 , 587 A.2d at 1382 .	1	2
Commonwealth v. Jenningsgreen pasuperct · 1981 · cited in 2 Pennsylvania opinions naming this issue, 1981–1982 2 sentences 1982Commonwealth v. Sherard, 483 Pa. 183 , 394 A.2d 971 (1978); Commonwealth v. Jennings, id. 285 Pa.Super.Ct. at 298 , 427 A.2d at 232 . 1982Commonwealth v. Sherard, 483 Pa. 183 , 394 A.2d 971 (1978); Commonwealth v. Jennings, id. 285 Pa.Super.Ct. at 298 , 427 A.2d at 232 .	1	2
Com. v. Crumbley, T.green pasuperct · 2022 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023 1 sentence 2023A petitioner pursuing a claim of ineffective assistance of counsel must plead and prove that “the issue underlying the claim of ineffectiveness has arguable merit, that defense counsel’s act or omission was not reasonably -9- J-S35026-22 designed to advance the interests of the defendant, and that the defendant was prejudiced – that is, but for counsel’s errors, the outcome of the proceeding would have been different.” Commonwealth v. Crumbley, 270 A.3d 1171, 1181 (Pa.Super. 2022) (quoting Commonwealth v. Bradley, 261 A.3d 381 , 390 (Pa. 2021)), appeal denied, No. 110 WAL 2022 (Pa. 2022).	1	1
Strickland v. Washingtongreen scotus · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022 1 sentence 2022In addressing Appellant’s claim of original PCRA counsel’s ineffectiveness, we are mindful that “[i]t is well-established that counsel is presumed effective, and to rebut that presumption, the PCRA petitioner must demonstrate that counsel's performance was deficient and that such deficiency prejudiced him.” Commonwealth v. Koehler, 36 A.3d 121, 132 (Pa. 2012), citing Strickland v. Washington, 466 U.S. 668, 687-691 (1984). - 10 - J-S21022-21 In order to plead and prove a claim of ineffective assistance of counsel, a petitioner must establish that the issue underlying the claim of ineffectivenes	1	1
Commonwealth v. Koehlergreen pa · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022 1 sentence 2022In addressing Appellant’s claim of original PCRA counsel’s ineffectiveness, we are mindful that “[i]t is well-established that counsel is presumed effective, and to rebut that presumption, the PCRA petitioner must demonstrate that counsel's performance was deficient and that such deficiency prejudiced him.” Commonwealth v. Koehler, 36 A.3d 121, 132 (Pa. 2012), citing Strickland v. Washington, 466 U.S. 668, 687-691 (1984). - 10 - J-S21022-21 In order to plead and prove a claim of ineffective assistance of counsel, a petitioner must establish that the issue underlying the claim of ineffectivenes	1	1
Commonwealth v. Rykardgreen pasuperct · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022 2 sentences 2022See Commonwealth v. Rykard, 55 A.3d 1177, 1190 (Pa. Super. 2012). - 14 - J-S36033-20 that “the issue underlying the claim of ineffectiveness has arguable merit, that defense counsel’s act or omission was not reasonably designed to advance the interests of the defendant, and that the defendant was prejudiced – that is, but for counsel’s errors, the outcome of the proceeding would have been different.” Bradley, 261 A.3d at 390 (citing Commonwealth v. Pierce, 786 A.2d 203, 213 (Pa. 2001)). 2022See Commonwealth v. Rykard, 55 A.3d 1177 , 1190 (Pa. Super. 2012). - 14 - J-S36033-20 that “the issue underlying the claim of ineffectiveness has arguable merit, that defense counsel’s act or omission was not reasonably designed to advance the interests of the defendant, and that the defendant was prejudiced – that is, but for counsel’s errors, the outcome of the proceeding would have been different.” Bradley, 261 A.3d at 390 (citing Commonwealth v. Pierce, 786 A.2d 203 , 213 (Pa. 2001)).	1	1
Commonwealth v. Douglasgreen pa · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020 1 sentence 2020Commonwealth v. Douglas, 645 A.2d 226, 230 (Pa. 1994).	1	1
Commonwealth v. Kirschgreen pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014 1 sentence 2014Appellant also contends that trial counsel was ineffective in failing to file a motion to withdraw his guilty plea which appellant allegedly requested imposed, a defendant must show that manifest injustice will result if he is not permitted to withd Commonwealth v. Kirsch, 930 A.2d 1282, 1284 (Pa.Super. 2007), appeal denied, 945 A.2d 168 (Pa. 2008).	1	1
Commonwealth v. Kimballgreen pasuperct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 1996–1996 2 sentences 1996See Commonwealth v. Kimball, 453 Pa.Super. 193 , 683 A.2d 666 (1996). 1996See Commonwealth v. Kimball, 453 Pa.Super. 193 , 683 A.2d 666 (1996).	1	1
Commonwealth v. Davisgreen pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990	1	1
Safeguard Mutual Insurance v. Williamsgreen pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1985–1985	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Commonwealth v. Evans green pa · 1980 2 sentences 1994Commonwealth v. Evans, 489 Pa. 85 , 413 A.2d 1025 (1980). 1994Commonwealth v. Evans, 489 Pa. 85 , 413 A.2d 1025 (1980).	6	1990–1994
Commonwealth v. Rollins green pa · 1990 2 sentences 1993In Commonwealth v. Rollins, 525 Pa. 335 , 580 A.2d 744 (1990), our Supreme Court set forth the following standard for reviewing an ineffectiveness of counsel claim: [W]e must first determine whether the issue underlying the claim is of arguable merit. 1993In Commonwealth v. Rollins, 525 Pa. 335 , 580 A.2d 744 (1990), our Supreme Court set forth the following standard for reviewing an ineffectiveness of counsel claim: [W]e must first determine whether the issue underlying the claim is of arguable merit.	4	1991–1993
Commonwealth v. Sneed green pa · 2006 2 sentences 2015Id. 2013Id.	3	2010–2015
Commonwealth v. Smith green pa · 1988 2 sentences 1994Commonwealth v. Smith, 380 Pa.Super. 619 , 552 A.2d 1053 (1988). 1994Commonwealth v. Smith, 380 Pa.Super. 619 , 552 A.2d 1053 (1988).	3	1992–1994
Commonwealth v. Sherard green pa · 1978 2 sentences 1982Commonwealth v. Sherard, 483 Pa. 183 , 394 A.2d 971 (1978); Commonwealth v. Jennings, id. 285 Pa.Super.Ct. at 298 , 427 A.2d at 232 . 1982Commonwealth v. Sherard, 483 Pa. 183 , 394 A.2d 971 (1978); Commonwealth v. Jennings, id. 285 Pa.Super.Ct. at 298 , 427 A.2d at 232 .	2	1981–1982
Commonwealth, Aplt. v. Montalvo, M. green pa · 2019 1 sentence 2024We need not address each prong as “failure to satisfy any prong of the ineffectiveness test is fatal to the claim.” Montalvo, 205 A.3d at 286 .	1	2024–2024
Com. v. JULY green pa · 2008 1 sentence 2014Appellant also contends that trial counsel was ineffective in failing to file a motion to withdraw his guilty plea which appellant allegedly requested imposed, a defendant must show that manifest injustice will result if he is not permitted to withd Commonwealth v. Kirsch, 930 A.2d 1282, 1284 (Pa.Super. 2007), appeal denied, 945 A.2d 168 (Pa. 2008).	1	2014–2014
Commonwealth v. Jermyn green pa · 1993 2 sentences 2003Commonwealth v. Jermyn, 533 Pa. 194 , 620 A.2d 1128 (Pa.1993). 2003Commonwealth v. Jermyn, 533 Pa. 194 , 620 A.2d 1128 (Pa.1993).	1	2003–2003
Commonwealth v. Gaskins green pasuperct · 1997 2 sentences 1999Commonwealth v. Gaskins, 692 A.2d 224 (Pa.Super.1997). ¶ 15 As indicated above, the issue underlying the claim of counsel's ineffectiveness is meritorious. 1999Commonwealth v. Gaskins, 692 A.2d 224 (Pa.Super.1997). ¶ 15 As indicated above, the issue underlying the claim of counsel’s ineffectiveness is meritorious.	1	1999–1999
Commonwealth v. Blackwell green pasuperct · 1994 2 sentences 1997Commonwealth v. Blackwell, 436 Pa.Super. 294 , 647 A.2d 915 (1994); Commonwealth v. Granberry, 434 Pa.Super. 524 , 644 A.2d 204 (1994). 1997Commonwealth v. Blackwell, 436 Pa.Super. 294 , 647 A.2d 915 (1994); Commonwealth v. Granberry, 434 Pa.Super. 524 , 644 A.2d 204 (1994).	1	1997–1997
Commonwealth v. Wax green pa · 1990 2 sentences 1992Commonwealth v. Wax, 391 Pa.Super. 314 , 571 A.2d 386 (1990). 1992Commonwealth v. Wax, 391 Pa.Super. 314 , 571 A.2d 386 (1990).	1	1992–1992
Ledet v. United States Court of Appeals for the Fifth Circuit green scotus · 1991 2 sentences 1992Recently, that standard was succinctly delineated in Commonwealth v. Chester, 526 Pa. 578 , 587 A.2d 1367 (1991), cert. denied, — U.S. -, 112 S.Ct. 422 , 116 L.Ed.2d 442 (1991): “1) is the issue underlying the claim of ineffectiveness of arguable merit; 2) does the course chosen by counsel have a reasonable basis designed to serve appellant’s interest; and 3) has the appellant suffered prejudice as a result of counsel’s ineffectiveness.” Id. 526 Pa. at 609 , 587 A.2d at 1382 . 1992Recently, that standard was succinctly delineated in Commonwealth v. Chester, 526 Pa. 578 , 587 A.2d 1367 (1991), cert. denied, — U.S. -, 112 S.Ct. 422 , 116 L.Ed.2d 442 (1991): “1) is the issue underlying the claim of ineffectiveness of arguable merit; 2) does the course chosen by counsel have a reasonable basis designed to serve appellant’s interest; and 3) has the appellant suffered prejudice as a result of counsel’s ineffectiveness.” Id. 526 Pa. at 609 , 587 A.2d at 1382 .	1	1992–1992
Mull v. Touchberry green sc · 1919 1 sentence 1992Recently, that standard was succinctly delineated in Commonwealth v. Chester, 526 Pa. 578 , 587 A.2d 1367 (1991), cert. denied, — U.S. -, 112 S.Ct. 422 , 116 L.Ed.2d 442 (1991): “1) is the issue underlying the claim of ineffectiveness of arguable merit; 2) does the course chosen by counsel have a reasonable basis designed to serve appellant’s interest; and 3) has the appellant suffered prejudice as a result of counsel’s ineffectiveness.” Id. 526 Pa. at 609 , 587 A.2d at 1382 .	1	1992–1992
Commonwealth v. Tavares green pa · 1989 2 sentences 1990Commonwealth v. Tavares, 382 Pa.Super. 317 , 555 A.2d 199 (1989). 1990Commonwealth v. Tavares, 382 Pa.Super. 317 , 555 A.2d 199 (1989).	1	1990–1990
Commonwealth Ex Rel. Washington v. Maroney green pa · 1967	1	1988–1988
Commonwealth v. Hubbard red pa · 1977	1	1982–1982

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (10) PA § 42 Pa. Cons. Stat. § 9541 (8) PA § 18 Pa. Cons. Stat. § 2502 (5) PA § 42 Pa. Cons. Stat. § 9711 (5) PA § 18 Pa. Cons. Stat. § 3701 (4) PA § 42 Pa. Cons. Stat. § 9544 (4) PA § 18 Pa. Cons. Stat. § 3104 (3) PA § 18 Pa. Cons. Stat. § 903 (3) PA § 42 Pa. Cons. Stat. § 9542 (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.

Where else courts name it

PA 86 (1981–2024) CA 3 (1972–2022) IL 2 (1989–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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