petitioner must overcome presumption in Pennsylvania

2020However, the Court made its holding prospective, recognizing that -6- J-S09030-20 In Commonwealth v. Paddy, 15 A.3d 431 (Pa. 2011), our Supreme Court set forth the following test for ineffectiveness claims: To prevail in a claim of ineffective assistance of counsel, a petitioner must overcome the presumption that counsel is effective by establishing all of the following three elements[:] (1) the underlying legal claim has arguable merit; (2) counsel had no reasonable basis for his or her action or inaction; and (3) the petitioner suffered prejudice because of counsel’s ineffectiveness.

2019Our Supreme Court has explained the following in addressing an ineffective assistance of counsel claim: To prevail in a claim of ineffective assistance of counsel, a petitioner must overcome the presumption that counsel is effective by establishing all of the following three elements, as set forth in Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973 , 975–76 (1987): (1) the underlying legal claim has arguable merit; (2) counsel had no reasonable basis for his or her action or inaction; and (3) the petitioner suffered prejudice because of counsel’s ineffectiveness. -3- J-S36016-19 Commonwealth

2026To prevail in a claim of ineffective assistance of counsel, a petitioner must overcome the presumption that counsel is effective by establishing all of the following three elements, as set forth in Commonwealth v. Pierce, 515 Ra. 153, 527 A.2d 973 , 975—76 (1987): (1) the underlying legal claim has arguable merit; (2) counsel had no reasonable basis for his or her action or inaction; and (3) the petitioner suffered prejudice because of counsel's ineffectiveness.

2023(Id. at 2.) To prevail on a claim of ineffective assistance of counsel, a petitioner must overcome the presumption that counsel is effective by establishing all of the following three elements, as set forth in Commonwealth v. Pierce, . . . 527 A.2d 973, 975-76 ([Pa.] 1987) [(Pierce test)]: (1) the underlying legal claim has arguable merit; (2) counsel had no reasonable basis for his or her action or inaction; and (3) the petitioner suffered prejudice because of counsel’s ineffectiveness.

2026Commonwealth v. Dennis, 597 Pa. 159 , 950 A.2d 945, 954 (2008).

2026Commonwealth v. Dennis, 597 Pa. 159 , 950 A.2d 945, 954 (2008).

2025To establish a claim of counsel’s ineffectiveness, a petitioner must overcome the presumption that counsel was effective by proving “(1) that the underlying claim has merit; (2) counsel had no reasonable strategic basis for his or her action or inaction; and (3) but for the errors or omissions of counsel, there is a reasonable probability that the outcome of the proceedings would have been different.” Commonwealth v. Ousley, 21 A.3d 1238, 1244 (Pa. Super. 2011) (citation -3- J-S42015-24 omitted).

2024To establish a claim of counsel’s ineffectiveness, a petitioner must overcome the presumption that counsel was effective by proving “(1) that the underlying claim has merit; (2) counsel had no reasonable strategic basis for his or her action or inaction; and (3) but for the errors or omissions of counsel, there is a reasonable probability that the outcome of the proceedings would have been different.” Commonwealth v. Ousley, 21 A.3d 1238, 1244 (Pa. Super. -3- J-S14002-24 2011) (citation omitted).

2025With respect to Appellant’s attacks on the adequacy of counsel’s representation, we observe that “counsel is presumed to be effective, and a petitioner must overcome that presumption to prove” his entitlement to relief. -4- J-S41009-25 See Commonwealth v. Simpson, 112 A.3d 1194, 1197 (Pa. 2015).

2025At the outset, we observe that “counsel is presumed to be effective, and a petitioner must overcome that presumption to prove” his entitlement to relief. -7- J-S33005-25 See Commonwealth v. Simpson, 112 A.3d 1194, 1197 (Pa. 2015).

2022“To prevail on a claim of ineffective assistance of counsel, a petitioner must overcome the presumption that counsel is effective by establishing [by a preponderance of the evidence] all of the following three elements: (1) the underlying legal claim has arguable merit; (2) counsel had no reasonable basis for his or her action or inaction; and (3) the petitioner suffered prejudice because of counsel’s ineffectiveness.” Commonwealth v. Chmiel, 30 A.3d 1111 , 1127–28 (Pa. 2011) (citing Commonwealth v. Pierce, 527 A.2d 973, 975-76 (Pa. 1987)).

2022To prevail on an ineffective assistance of counsel claim, a petitioner must overcome the presumption that counsel is effective by establishing: “(1) the underlying legal claim has arguable merit; (2) counsel had no reasonable basis for his or her action or inaction; and (3) the petitioner suffered prejudice because of counsel’s ineffectiveness.” Commonwealth v. Chmiel, 612 Pa. 333 , 361, 30 A.3d 1111 , 1128 (2018).

2015See Strickland v. Washington, 466 U.S. 668, 687 (1984); Commonwealth v. Bennett, 57 A.3d 1185, 1195 (Pa. 2012).

2015See Strickland v. Washington, 466 U.S. 668, 687 (1984).

2018PCRA Ct. Op. at 5-6 (quoting Commonwealth v. Simpson , 620 Pa. 60 , 66 A.3d 253 , 260 (2013) ) (citations modified).

2015We have interpreted this provision in the PCRA to mean that the petitioner must show: (1) that his claim of counsel’s ineffectiveness has merit; (2) that counsel had no reasonable strategic basis for his action or inaction; and (3) that the error of counsel prejudiced the petitioner-i.e., that there is a reasonable probability that, but for the error of counsel, the outcome of the proceeding would have been different… Commonwealth v. duPont, 860 A.2d 525, 531 (Pa.Super.2004) (internal citations and quotations omitted). “[C]ounsel is presumed to be effective, and a petitioner must overcome that

2015Commonwealth v. Singley, 582 Pa. 5 , 868 A.2d 403, 411 (2005).

2015Commonwealth v. Singley, 582 Pa. 5 , 868 A.2d 403, 411 (2005).

2026Ultimately, “[i]t is an appellant’s burden to persuade us that the PCRA court erred and that relief is due.” Commonwealth v. Stansbury, 219 A.3d 157, 161 (Pa.Super. 2019) (cleaned up). ____________________________________________ 2 We note with displeasure that the Commonwealth did not submit a brief in this Court. -5- J-S46009-25 With respect to Appellant’s attacks on the adequacy of trial counsel’s representation, we observe that “counsel is presumed to be effective, and a petitioner must overcome that presumption to prove” her entitlement to relief.

2025Ultimately, “[i]t is an appellant’s burden to persuade us that the PCRA court erred and that relief is due.” Commonwealth v. Stansbury, 219 A.3d 157, 161 (Pa.Super. 2019) (cleaned up). -7- J-A25019-25 With respect to Appellant’s attacks on the adequacy of counsel’s representation, we observe that “counsel is presumed to be effective, and a petitioner must overcome that presumption to prove” his entitlement to relief.

2025Commonwealth v. Lesko, 15 A.3d 345, 374 (Pa. 2011).

2019See Commonwealth v. Lesko, 15 A.3d 345, 374 (Pa. 2011) (stating counsel is presumed effective).

2021To establish a claim of counsel’s ineffectiveness, a petitioner must overcome the presumption that counsel was effective by proving “(1) that the underlying claim has merit; (2) counsel had no reasonable strategic basis for ____________________________________________ 2 See Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988); Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc). -3- J-A12023-21 his or her action or inaction; and (3) but for the errors or omissions of counsel, there is a reasonable probability that the outcome of the proceedings would have been different.” Commonwealth

2021With respect to Appellant’s claims that counsel was ineffective, we note: 3 See Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (enumerating the procedure for withdrawal of court-appointed counsel in collateral attacks on criminal convictions); see also Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc) (same). -3- J-S46029-20 To prevail in a claim of ineffective assistance of counsel, a petitioner must overcome the presumption that counsel is effective by establishing all of the following three elements, as set forth in Commonwealth v. Pierce, 515 Pa. 153 , 527 A.2d 973, 975-76

2021Commonwealth v. Mason, 130 A.3d 601, 618 (Pa. 2015).

2021The first, arguable merit prong asks, “whether the disputed action or omission by counsel was of questionable legal soundness.” Commonwealth v. Davis, 541 A.2d 315, 318 (Pa. 1988).

2019With regard to the second, reasonable-basis-prong, “we do not question whether there were other more logical courses of action which counsel could have pursued; rather, we must examine whether counsel’s decisions had any reasonable basis.” Commonwealth v. Washington, 927 A.2d 586, 594 (Pa. 2007).

2017Stat Ann. § 9543(a)(2)(ii) (West 2016); Commonwealth v. Koehler, 36 A.3d 121, 132 (Pa. 2012).

2015“If an appellant fails to prove by a 8 Commonwealth v. Pierce, 527 A.2d 973 (Pa.1987). 9 Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). - 10 - J-S62019-15 preponderance of the evidence any of the Pierce prongs, the Court need not address the remaining prongs of the test.” Commonwealth v. Fitzgerald, 979 A.2d 908, 911 (Pa.2010) (citation omitted).

2015See Strickland v. Washington, 466 U.S. 668, 687 (1984); Commonwealth v. Bennett, 57 A.3d 1185, 1195 (Pa. 2012).

2015Id. at 873 (citing Commonwealth v. Roney, 79 A.3d 595, 646 (Pa. 2013) (Castille, C.J., concurring).

2014Commollwealth v. Singley, 582 Pa. 5, 19 , 868 A.2d 403, 411 (2005): 70 RR73 Circulated 11/13/2014 01:00 PM In proving the second prong, i.e. , the urea<;onable basis" prong, this Court concluded that counsel's chosen strategy had a reasonable basis and the defendant fai led to prove that "an alternative not chosen alTered a potential for success substantially greater than the course actually pursued." Commomvealth v. Williams, 587 Pa. 304 , 899 A.2d 1060, 1064 (2006).

2014Commollwealth v. Singley, 582 Pa. 5, 19 , 868 A.2d 403, 411 (2005): 70 RR73 Circulated 11/13/2014 01:00 PM In proving the second prong, i.e. , the urea<;onable basis" prong, this Court concluded that counsel's chosen strategy had a reasonable basis and the defendant fai led to prove that "an alternative not chosen alTered a potential for success substantially greater than the course actually pursued." Commomvealth v. Williams, 587 Pa. 304 , 899 A.2d 1060, 1064 (2006).