has characterized test in Pennsylvania

11 Pennsylvania opinions name it 2 courts 2007–2015 0 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 (3)

Case	Followed	Cited
Commonwealth v. Greengreen pa · 1998 · cited in 2 Pennsylvania opinions naming this issue, 2010–2010 2 sentences 2010Commonwealth v. Rainey, 593 Pa. 67 , 928 A.2d 215 , 225 n. 8 (2007). [9] See, e.g., Commonwealth v. Green, 551 Pa. 88 , 709 A.2d 382, 384 (1998) (explaining the general rule that counsel cannot raise his own ineffectiveness). [10] Martin attaches to his appellate brief an August 2002 statement of Attorney Robert Brett Dunham, which was prepared in anticipation of the September 2002 PCRA evidentiary hearing. 2010Commonwealth v. Rainey, 593 Pa. 67 , 928 A.2d 215 , 225 n. 8 (2007). [9] See, e.g., Commonwealth v. Green, 551 Pa. 88 , 709 A.2d 382, 384 (1998) (explaining the general rule that counsel cannot raise his own ineffectiveness). [10] Martin attaches to his appellate brief an August 2002 statement of Attorney Robert Brett Dunham, which was prepared in anticipation of the September 2002 PCRA evidentiary hearing.	2	2
Strickland v. Washingtongreen scotus · 1984 · cited in 2 Pennsylvania opinions naming this issue, 2011–2015 2 sentences 2015Although the Pennsylvania test for ineffectiveness is the same as Strickland’s two-part performance and prejudice standard, in application this Court has characterized the test as tripartite, by dividing the performance element into two distinct parts, i.e. arguable merit and lack of reasonable basis.”); ____________________________________________ 4 Strickland v. Washington, 466 U.S. 668 (1984). - 12 - J-S23016-15 Commonwealth v. Paddy, 15 A.3d 431 , 468 n.23 (Pa. 2011) (“The Strickland test is materially identical to Pennsylvania’s tripartite test for ineffective assistance of counsel.”). 2011This Court has jurisdiction over Appellant's appeal because we directly review the denial of post-conviction relief in death penalty cases pursuant to 42 Pa.C.S. § 9546(d). .While the Pennsylvania test for ineffectiveness is the same as the performance and prejudice standard set forth by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), in application, this Court has characterized the test as tripartite, by dividing the performance element into two distinct parts, i.e., arguable merit and lack of reasonable basis.	1	2
Commonwealth v. Paddygreen pa · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015 1 sentence 2015Although the Pennsylvania test for ineffectiveness is the same as Strickland’s two-part performance and prejudice standard, in application this Court has characterized the test as tripartite, by dividing the performance element into two distinct parts, i.e. arguable merit and lack of reasonable basis.”); ____________________________________________ 4 Strickland v. Washington, 466 U.S. 668 (1984). - 12 - J-S23016-15 Commonwealth v. Paddy, 15 A.3d 431 , 468 n.23 (Pa. 2011) (“The Strickland test is materially identical to Pennsylvania’s tripartite test for ineffective assistance of counsel.”).	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 (6)

Case	Cited	Years
Commonwealth v. Rainey green pa · 2007 2 sentences 2011Commonwealth v. Rainey, 593 Pa. 67 , 928 A.2d 215 , 225 n. 8 (2007). . 2011Commonwealth v. Rainey, 593 Pa. 67 , 928 A.2d 215 , 225 n. 8 (2007). .	5	2009–2011
Commonwealth v. Jones green pa · 2002 2 sentences 2009Commonwealth v. Jones, 571 Pa. 112 , 811 A.2d 994 , 1002 n. 6 (2002). . 2009Commonwealth v. Jones, 571 Pa. 112 , 811 A.2d 994 , 1002 n. 6 (2002). [4] As Mr. Justice Saylor's Concurring Opinion and Madame Justice Todd's Dissenting Opinion observe, the PCRA court frustrated our review by failing to make credibility findings as to the credibility of Sofi or Elzey.	4	2007–2009
Commonwealth v. Garcia green pa · 2002 2 sentences 2009Commonwealth v. Jones, 571 Pa. 112 , 811 A.2d 994 , 1002 n. 6 (2002). . 2009Commonwealth v. Jones, 571 Pa. 112 , 811 A.2d 994 , 1002 n. 6 (2002). [4] As Mr. Justice Saylor's Concurring Opinion and Madame Justice Todd's Dissenting Opinion observe, the PCRA court frustrated our review by failing to make credibility findings as to the credibility of Sofi or Elzey.	3	2007–2009
Com. v. Washington green pa · 2007 1 sentence 2012As we previously have noted: "Although the Pennsylvania test for ineffectiveness [articulated in Pierce] is the same as Strickland's two-part performance and prejudice standard, in application this Court has characterized the test as tripartite, by dividing the performance element into two distinct parts, i.e., arguable merit and lack of reasonable basis.” Commonwealth v. Washington, 592 Pa. 698 , 713 n. 8, 927 A.2d 586 , 594 n. 8 (2007).	1	2012–2012
Commonwealth v. Washington green pa · 2007 1 sentence 2012As we previously have noted: "Although the Pennsylvania test for ineffectiveness [articulated in Pierce] is the same as Strickland's two-part performance and prejudice standard, in application this Court has characterized the test as tripartite, by dividing the performance element into two distinct parts, i.e., arguable merit and lack of reasonable basis.” Commonwealth v. Washington, 592 Pa. 698 , 713 n. 8, 927 A.2d 586 , 594 n. 8 (2007).	1	2012–2012
Bruton v. United States green scotus · 1968 2 sentences 2007Commonwealth v. Jones, 571 Pa. 112 , 811 A.2d 994 (2002). [9] In Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), the United States Supreme Court held that the introduction at trial of a non-testifying co-defendant's confession describing the defendant's participation in a crime deprives the defendant of his rights under the Confrontation Clause. 2007Commonwealth v. Jones, 571 Pa. 112 , 811 A.2d 994 (2002). [9] In Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), the United States Supreme Court held that the introduction at trial of a non-testifying co-defendant's confession describing the defendant's participation in a crime deprives the defendant of his rights under the Confrontation Clause.	1	2007–2007

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (10) PA § 42 Pa. Cons. Stat. § 9711 (9) PA § 42 Pa. Cons. Stat. § 9544 (8) PA § 18 Pa. Cons. Stat. § 2502 (5) PA § 42 Pa. Cons. Stat. § 9545 (5) PA § 42 Pa. Cons. Stat. § 9546 (5) PA § 18 Pa. Cons. Stat. § 2503 (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 11 (2007–2015) NY 3 (1997–2018) WI 2 (2003–2022) MD 2 (2000–2006)

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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