merit-less claim in Pennsylvania

2009Prejudice is established when a defendant has sufficiently shown that “but for the errors and omissions of counsel, there is a reasonable probability that the outcome of the proceedings would have been different.” Commonwealth v. Kimball, 555 Pa. 299, 312 , 724 A.2d 326, 333 (1999). (emphasis added) Counsel cannot be deemed ineffective for failure to raise a merit- less claim.

2009Prejudice is established when a defendant has sufficiently shown that “but for the errors and omissions of counsel, there is a reasonable probability that the outcome of the proceedings would have been different.” Commonwealth v. Kimball, 555 Pa. 299, 312 , 724 A.2d 326, 333 (1999). (emphasis added) Counsel cannot be deemed ineffective for failure to raise a merit- less claim.

2001See Smith, 650 A.2d at 866 .

2001See also Commonwealth v. Wright, 560 Pa. 34 , 742 A.2d 661 (1999) (holding that search incident to arrest must be substantially contemporaneous with the arrest). ¶25 Appellant’s next contention is that trial counsel was ineffective in failing to present the testimony of Diane Scott, who would have testified that Scott’s Lawn Care was closed on the day in question, and, therefore, Appellant could not have sought a safe harbor therefrom. 5 The threshold inquiry in ineffectiveness claims is whether the issue/argument/taetic which counsel has foregone and which forms the basis for the assertion of

2001See also Commonwealth v. Wright, 560 Pa. 34 , 742 A.2d 661 (1999) (holding that search incident to arrest must be substantially contemporaneous with the arrest). ¶25 Appellant’s next contention is that trial counsel was ineffective in failing to present the testimony of Diane Scott, who would have testified that Scott’s Lawn Care was closed on the day in question, and, therefore, Appellant could not have sought a safe harbor therefrom. 5 The threshold inquiry in ineffectiveness claims is whether the issue/argument/taetic which counsel has foregone and which forms the basis for the assertion of

2000Commonwealth v. Uderra, 550 Pa. 389, 400 , 706 A.2d 334, 339 (1998); Commonwealth v. Burkholder, 719 A.2d 346, 349 (Pa.Super.1998), appeal denied, 560 Pa. 738 , 747 A.2d 364 , (decided 11/24/99). *681 ¶31 When evaluating ineffectiveness of counsel claims our Court employs a three-pronged test: The threshold inquiry in ineffectiveness claims is whether the issue/argument/tactic which counsel has foregone and which forms the basis for the assertion of ineffectiveness is of arguable merit; for counsel cannot be considered ineffective for failing to assert a merit-less claim.

2000Commonwealth v. Uderra, 550 Pa. 389, 400 , 706 A.2d 334, 339 (1998); Commonwealth v. Burkholder, 719 A.2d 346, 349 (Pa.Super.1998), appeal denied, 560 Pa. 738 , 747 A.2d 364 , (decided 11/24/99). *681 ¶31 When evaluating ineffectiveness of counsel claims our Court employs a three-pronged test: The threshold inquiry in ineffectiveness claims is whether the issue/argument/tactic which counsel has foregone and which forms the basis for the assertion of ineffectiveness is of arguable merit; for counsel cannot be considered ineffective for failing to assert a merit-less claim.

2000Commonwealth v. Uderra, 550 Pa. 389, 400 , 706 A.2d 334, 339 (1998); Commonwealth v. Burkholder, 719 A.2d 346, 349 (Pa.Super.1998), appeal denied, 560 Pa. 738 , 747 A.2d 364 , (decided 11/24/99). *681 ¶31 When evaluating ineffectiveness of counsel claims our Court employs a three-pronged test: The threshold inquiry in ineffectiveness claims is whether the issue/argument/tactic which counsel has foregone and which forms the basis for the assertion of ineffectiveness is of arguable merit; for counsel cannot be considered ineffective for failing to assert a merit-less claim.

1986Appellant acknowledges that the District Attorney did not serve as trial counsel at the criminal trial and fails to assert in any event impropriety on the part of the staff of the District Attorney’s office trying the case. “[C]ounsel will not be considered ineffective for failure to assert a merit-less claim.” Commonwealth v. Buehl, 510 Pa. 363, 379 , 508 A.2d 1167, 1175 (1986).

1986Appellant acknowledges that the District Attorney did not serve as trial counsel at the criminal trial and fails to assert in any event impropriety on the part of the staff of the District Attorney’s office trying the case. “[C]ounsel will not be considered ineffective for failure to assert a merit-less claim.” Commonwealth v. Buehl, 510 Pa. 363, 379 , 508 A.2d 1167, 1175 (1986).

1981Washington v. Maroney, 427 Pa. 599, 604 , 235 A.2d 349, 352 (1967). [Emphasis in original.] However, counsel cannot be found ineffective for failing to assert a merit-less claim.

1981Washington v. Maroney, 427 Pa. 599, 604 , 235 A.2d 349, 352 (1967). [Emphasis in original.] However, counsel cannot be found ineffective for failing to assert a merit-less claim.