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9 Pennsylvania opinions name it 3 courts 1994–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Wright v. Commonwealthgreen2 sentences2019The harmless error standard, as 164 set forth by this Court in Commonwealth v. Story, 383 A.2d [155], [(Pa. 1978)] (citations omitted), states that "[w]henever there is a `reasonable possibility' that an error 'might have contributed to the conviction,' the error is not harmless." This standard, which places the burden on the Commonwealth to show that the error did not contribute to the verdict beyond a reasonable doubt, is a lesser standard than the Pierce prejudice standard...." Spot; 84 A.3d at 315 (emphasis added). 2016The harmless error standard, as set forth by this Court in Commonwealth v. Story, 383 A.2d [155], 164 [(Pa. 1978)] ( citations omitted), states that "[ w ]henever there is a 'reasonable possibility' that an error 'might have contributed to the conviction,' the error is not harmless." This standard, which places the burden on the Commonwealth to show that the error did not contribute to the verdict beyond a reasonable doubt, is a lesser standard than the Pierce prejudice standard ... " Spatz, 84 A.3d at 315 (emphasis added). | 4 | 4 |
Commonwealth v. Storygreen2 sentences2021The harmless error standard, as set forth by this Court in Commonwealth v. Story, 383 A.2d 155, 164 (Pa. 1978) (citations omitted), states that “[w]henever there is a ‘reasonable possibility’ that an error ‘might have contributed to the conviction,’ the error is not harmless.” This standard, which places the burden on the Commonwealth to show that the error did not contribute to the verdict beyond a reasonable doubt, is a lesser standard than the Pierce prejudice standard, which requires the defendant to show that counsel’s conduct had an actual adverse effect on the outcome of the proceedings 2009The harmless error standard, as set forth by this court in Commonwealth v. Story, 476 Pa. 391 , 383 A.2d 155 (1978), states that ‘[w]henever there is a “reasonable possibility” that an error “might have contributed to the conviction,” the error is not harmless.’ This standard, which places the burden on the Commonwealth to show that the error did not contribute to the verdict beyond a reasonable doubt, is a lesser standard than the Pierce prejudice standard, which requires the defendant to show that counsel’s conduct had an actual adverse effect on the outcome of the proceedings. | 2 | 3 |
Commonwealth v. Simmonsgreen2 sentences2019In determining prejudice in the context of ineffective assistance of counsel, a court “must consider the totality of the evidence before the judge or jury.” Commonwealth v. Simmons, 569 Pa. 405 , 430, 804 A.2d 625 , 640 (2001). 2019In determining prejudice in the context of ineffective assistance of counsel, a court “must consider the totality of the evidence before the judge or jury.” Commonwealth v. Simmons, 569 Pa. 405 , 430, 804 A.2d 625 , 640 (2001). | 1 | 1 |
Commonwealth v. Howardgreen2 sentences2019Under the Pierce prejudice standard, the petitioner must show that counsel’s conduct had an actual adverse influence on the outcome of the proceedings because, in a collateral attack, we “presume counsel is ____________________________________________ 2 Strickland v. Washington, 466 U.S. 668 , 686, 104 S.Ct. 2052 , 2064, 80 L.Ed.2d 674 , ___ (1984); Commonwealth v. Pierce, 537 Pa. 514 , 524, 645 A.2d 189 , 194 (1994). - 11 - J-S13012-18 effective, and that not every error by counsel can or will result in a constitutional violation of a defendant's Sixth Amendment right to counsel.” Commonwealt 2019Under the Pierce prejudice standard, the petitioner must show that counsel’s conduct had an actual adverse influence on the outcome of the proceedings because, in a collateral attack, we “presume counsel is ____________________________________________ 2 Strickland v. Washington, 466 U.S. 668 , 686, 104 S.Ct. 2052 , 2064, 80 L.Ed.2d 674 , ___ (1984); Commonwealth v. Pierce, 537 Pa. 514 , 524, 645 A.2d 189 , 194 (1994). - 11 - J-S13012-18 effective, and that not every error by counsel can or will result in a constitutional violation of a defendant's Sixth Amendment right to counsel.” Commonwealt | 1 | 1 |
Commonwealth v. Piercegreen2 sentences2019Under the Pierce prejudice standard, the petitioner must show that counsel’s conduct had an actual adverse influence on the outcome of the proceedings because, in a collateral attack, we “presume counsel is ____________________________________________ 2 Strickland v. Washington, 466 U.S. 668 , 686, 104 S.Ct. 2052 , 2064, 80 L.Ed.2d 674 , ___ (1984); Commonwealth v. Pierce, 537 Pa. 514 , 524, 645 A.2d 189 , 194 (1994). - 11 - J-S13012-18 effective, and that not every error by counsel can or will result in a constitutional violation of a defendant's Sixth Amendment right to counsel.” Commonwealt 2019Under the Pierce prejudice standard, the petitioner must show that counsel’s conduct had an actual adverse influence on the outcome of the proceedings because, in a collateral attack, we “presume counsel is ____________________________________________ 2 Strickland v. Washington, 466 U.S. 668 , 686, 104 S.Ct. 2052 , 2064, 80 L.Ed.2d 674 , ___ (1984); Commonwealth v. Pierce, 537 Pa. 514 , 524, 645 A.2d 189 , 194 (1994). - 11 - J-S13012-18 effective, and that not every error by counsel can or will result in a constitutional violation of a defendant's Sixth Amendment right to counsel.” Commonwealt | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2019Under the Pierce prejudice standard, the petitioner must show that counsel’s conduct had an actual adverse influence on the outcome of the proceedings because, in a collateral attack, we “presume counsel is ____________________________________________ 2 Strickland v. Washington, 466 U.S. 668 , 686, 104 S.Ct. 2052 , 2064, 80 L.Ed.2d 674 , ___ (1984); Commonwealth v. Pierce, 537 Pa. 514 , 524, 645 A.2d 189 , 194 (1994). - 11 - J-S13012-18 effective, and that not every error by counsel can or will result in a constitutional violation of a defendant's Sixth Amendment right to counsel.” Commonwealt 2019Under the Pierce prejudice standard, the petitioner must show that counsel’s conduct had an actual adverse influence on the outcome of the proceedings because, in a collateral attack, we “presume counsel is ____________________________________________ 2 Strickland v. Washington, 466 U.S. 668 , 686, 104 S.Ct. 2052 , 2064, 80 L.Ed.2d 674 , ___ (1984); Commonwealth v. Pierce, 537 Pa. 514 , 524, 645 A.2d 189 , 194 (1994). - 11 - J-S13012-18 effective, and that not every error by counsel can or will result in a constitutional violation of a defendant's Sixth Amendment right to counsel.” Commonwealt | 1 | 2019–2019 |
Commonwealth v. Gwynn
green
1 sentence2019Thus, to establish the requisite prejudice in a PCRA that, but for counsel's proceeding, the defendant "must show there is a reasonable probability Id. at 320-21 . error or omission, the result of the proceeding would have different." is "whether the findings The standard of review for an appeal from the denial of PCRA relief Commonwealth Gwynn, of the PCRA court are supported by the record and free of legal error." v 943 A.2d 940 , 944 (Pa. 2008). | 1 | 2019–2019 |
Commonwealth v. Szuchon
green
2 sentences1995In Commonwealth v. Szu-chon, 534 Pa. 483 , 633 A.2d 1098 (1993), we held that in order for a defendant to establish a claim of ineffective assistance of counsel in a PCRA proceeding ... he must first demonstrate that the underlying claim is of merit; that counsel’s action or inaction was not grounded on any reasonable basis designed to effectuate his interest; and that the commission or omission so undermined the trial that the verdict is unreliable. 1995In Commonwealth v. Szu-chon, 534 Pa. 483 , 633 A.2d 1098 (1993), we held that in order for a defendant to establish a claim of ineffective assistance of counsel in a PCRA proceeding ... he must first demonstrate that the underlying claim is of merit; that counsel’s action or inaction was not grounded on any reasonable basis designed to effectuate his interest; and that the commission or omission so undermined the trial that the verdict is unreliable. | 1 | 1995–1995 |
Commonwealth v. Weinder
green
2 sentences1995The Superior Court did find prejudice, and subsequently concluded that the ineffectiveness undermined the "truth-determining process," in Commonwealth v. Weinder, 395 Pa.Super. 608 , 577 A.2d 1364 (1990). [3] As recently as 1993, this Court appeared to view the PCRA standard as consistent with a Pierce prejudice test. 1995The Superior Court did find prejudice, and subsequently concluded that the ineffectiveness undermined the "truth-determining process," in Commonwealth v. Weinder, 395 Pa.Super. 608 , 577 A.2d 1364 (1990). [3] As recently as 1993, this Court appeared to view the PCRA standard as consistent with a Pierce prejudice test. | 1 | 1995–1995 |
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.