ineffective waiver in Pennsylvania

2026For the arguable merit prong of the Strickland analysis, this Court has explained that, “if the PCRA court can determine from the record that the sentence was not excessive, or that adequate reasons were placed on the record for exceeding the [S]entencing [G]uidelines, then there is no underlying merit to the ineffective claim and the claim must fail.” Commonwealth v. Jones, 942 A.2d 903, 906 (Pa. Super. 2008).

2022See Johnson, 139 A.3d at 1272; see also Solano, 129 A.3d at 1163 .6 Further, because plea counsel was not ineffective, PCRA counsel cannot have been ineffective for failing to raise a meritless claim of plea counsel’s ineffectiveness.

2022See, e.g., Commonwealth v. Marinelli, 910 A.2d 672, 679 (Pa. 2006) (“boilerplate allegations do not suffice as the kind of meaningful application of the ineffective standard that is required for effective substantive review of such claims”).

2017See Basemore, supra. Accordingly, Fulton’s underlying issue is without merit and, therefore, no relief is warranted on this ineffective claim of ineffectiveness.

2017See Commonwealth v. Jones, 912 A.2d 268, 278 (Pa. 2006) (“Counsel will not be deemed ineffective for failing to raise a meritless claim.”).

2015See Spence’s Brief at 12-15; see also Elliott, 80 A.3d at 426 .

2011Our Supreme Court stated in Commonwealth v. Albrecht, 554 Pa. 31 , 720 A.2d 693, 699 (1998) (citation omitted), that “[t]he denial of PCRA relief cannot stand unless the petitioner was afforded the assistance of counsel.” Moreover, it appears that this Court has raised the denial of counsel — or the ineffective waiver of the right there to — sua sponte and remanded for the PCRA court to correct that error in several prior cases. 4 However, as no case of which we are aware expressly states that this is the appropriate procedure for disposing of such cases, we are inclined to do so herein.

2011Our Supreme Court stated in Commonwealth v. Albrecht, 554 Pa. 31 , 720 A.2d 693, 699 (1998) (citation omitted), that “[t]he denial of PCRA relief cannot stand unless the petitioner was afforded the assistance of counsel.” Moreover, it appears that this Court has raised the denial of counsel — or the ineffective waiver of the right there to — sua sponte and remanded for the PCRA court to correct that error in several prior cases. 4 However, as no case of which we are aware expressly states that this is the appropriate procedure for disposing of such cases, we are inclined to do so herein.

1978See Commonwealth v. Smith, supra, 472 Pa. at 496 , 372 A.2d at 799 ("We have insisted that the Commonwealth bear the burden of proving a knowing waiver.").

1978See Commonwealth v. Smith, supra, 472 Pa. at 496 , 372 A.2d at 799 ("We have insisted that the Commonwealth bear the burden of proving a knowing waiver.").

1976See Commonwealth v. Stanley Yates, 467 Pa. ___ , 357 A.2d 133 (1976). [2] Compare Commonwealth v. Bullard, 465 Pa. 341 , 350 A.2d 797 (1976), in which the court found an ineffective waiver of the defendant's Miranda rights.

1976See Commonwealth v. Stanley Yates, 467 Pa. ___ , 357 A.2d 133 (1976). [2] Compare Commonwealth v. Bullard, 465 Pa. 341 , 350 A.2d 797 (1976), in which the court found an ineffective waiver of the defendant's Miranda rights.

1976See Commonwealth v. Stanley Yates, 467 Pa. ___ , 357 A.2d 133 (1976). [2] Compare Commonwealth v. Bullard, 465 Pa. 341 , 350 A.2d 797 (1976), in which the court found an ineffective waiver of the defendant's Miranda rights.