prongs test in Pennsylvania

2021“If an appellant fails to prove by a preponderance of the evidence any of the … prongs [of the IAC test], the Court need not address the remaining prongs of the test.” Commonwealth v. Fitzgerald, 979 A.2d 908, 911 (Pa. Super. 2009). - 20 - J-A01013-21 Next, the PCRA court considered Appellant’s claim that trial counsel was ineffective for providing conflicting alibi witness testimony to the jury.

2021“If an appellant fails to prove by a preponderance of the evidence any of the [ineffective-assistance-of-counsel] prongs, the Court need not address the remaining prongs of the test.” Commonwealth v. Fitzgerald, 979 A.2d 908, 911 (Pa. Super. 2009).

2019Commonwealth v. Williams, 863 A.2d 505, 513 (Pa. 2004); Bomar, 104 A.3d at 1188 .

2018Commonwealth v. Williams, 863 A.2d 505, 513 (Pa. 2004).

2020Commonwealth v. Fulton, 830 A.2d 567, 572 (Pa. 2003).

2019Commonwealth v. Fulton, 830 A.2d 567, 572 (Pa. 2003).

2019See Treiber , 121 A.3d at 464 ; Goodmond , 190 A.3d at 1202 .

2019See Treiber, 121 A.3d at 464 ; Goodmond, 190 A.3d at 1202 .

2016"Allegations of ineffectiveness in connection with the entry of a guilty plea will serve as a basis for relief only if the ineffectiveness caused the defendant to enter an involuntary or unknowing plea." Commonwealth v. Hickman, 799 A.2d 136, 141 (Pa.Super.2002) (citing Commonwealth v. Allen, 732 A.2d 582 (Pa.1999)).

2016“Allegations of ineffectiveness in connection with the entry of a guilty plea will serve as a basis for relief only if the ineffectiveness caused the defendant to enter an involuntary or unknowing plea.” Commonwealth v. Hickman, 799 A.2d 136, 141 (Pa.Super.2002) (citing Commonwealth v. Allen, 557 Pa. 135 , 732 A.2d 582 (1999)).

2016“If an appellant fails to prove by a 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.Super.2009), appeal denied, 990 A.2d 727 (Pa.2010) (citation omitted). ____________________________________________ 5 Commonwealth v. Pierce, 527 A.2d 973 (Pa.1987). -5- J-S43044-16 “Claims alleging ineffectiveness of counsel premised on allegations that trial counsel’s actions interfered with an accused’s right to testify require a defendant to prove either that counsel interfered with his r

2016“If an appellant fails to prove by a 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.Super.2009), appeal denied, 990 A.2d 727 (Pa.2010) (citation omitted).

2026See Sandusky, 203 A.3d at 1043-44 (stating the prongs of the test for ineffective assistance of counsel and noting that the failure to satisfy any one prong of the ineffectiveness test requires rejection of the claim of ineffectiveness); accord Commonwealth v. Natividad, 938 A.2d 310, 324 (Pa. 2007) (holding that the bald allegation that the petitioner was prejudiced by counsel’s failure to make an objection failed to establish the prejudice prong of the test for ineffective assistance of counsel).

2015Commonwealth v. Natividad, 595 Pa. 188 , 938 A.2d 310 (2007).

2019Commonwealth v. Perfetto , 182 A.3d 435 (Pa. 2018).

2019Commonwealth v. Perfetto, 182 A.3d 435, 435-36 (Pa. 2018) (table).

2026See Sandusky, 203 A.3d at 1043-44 (stating the prongs of the test for ineffective assistance of counsel and noting that the failure to satisfy any one prong of the ineffectiveness test requires rejection of the claim of ineffectiveness); accord Commonwealth v. Natividad, 938 A.2d 310, 324 (Pa. 2007) (holding that the bald allegation that the petitioner was prejudiced by counsel’s failure to make an objection failed to establish the prejudice prong of the test for ineffective assistance of counsel).

2024This Court has explained that “counsel’s failure to request a cautionary instruction regarding evidence of other crimes or prior bad acts does not constitute per se ineffectiveness; rather, in order to obtain relief under such a claim, a defendant must still satisfy each of the prongs of the test for ineffective assistance of counsel.” Commonwealth v. Johnson, 179 A.3d 1105, 1119 (Pa. Super. 2018) (citation omitted and formatting altered).

2024As such, we assume the above articulation of the doctrine for purposes of discussion, without deciding that we would adopt it. 42 For this reason, we need not address the remaining prongs of the doctrine. [J-44-2023] - 45 Customers Bank v. Mun. of Norristown, 563 Fed.

2023See Ali, supra at 291 (observing that, where the defendant cannot establish that the outcome of the proceedings was adversely - 13 - J-S09023-23 affected by counsel’s omission, the claim is properly dismissed on that basis alone).

2021See Commonwealth v. Jones, 942 A.2d 903, 906 (Pa. Super. 2008).

2020See Com. v. Pagan, 950 A.2d 270, 293 , 597 Pa. 69, 106 (Pa., 2008) The Defendant argues that the "recantation" testimony of the victim satisfies, as required, all four prongs of a successful after -discovered evidence claim.

2020See Com. v. Pagan, 950 A.2d 270, 293 , 597 Pa. 69, 106 (Pa., 2008) The Defendant argues that the "recantation" testimony of the victim satisfies, as required, all four prongs of a successful after -discovered evidence claim.

2018See Chmiel, 30 A.3d at 1128 .

2016We observe: “Both the right to counsel and the right to self- representation are guaranteed by the Sixth Amendment to the United States Constitution and by Article I, Section Nine of the Pennsylvania Constitution.” Commonwealth v. Payson, 723 A.2d 695, 699-700 (Pa.Super.1999).

2016Commonwealth v. Fulton, 876 A.2d 342 , (Pa. 2003). 7 To be entitled to an evidentiary hearing on a claim of ineffectiveness, a defendant must ''set forth an offer to prove at an appropriate hearing sufficient facts upon which a reviewing court can conclude ... counsel may have, in fact, been ineffective." Commonwealth v. Priovolos, 715 A.2d 420, 422 (Pa. 1998) (quoting Commonwealth v. Pettus, 424 A.2d 1332, 1335 (Pa. 1981 )).

2016Commonwealth v. Miner, 44 A.3d 684, 687 (Pa.Super.2012); see also Commonwealth v. Johnson, 966 A.2d 523, 536 (Pa.2009) (quoting Commonwealth v. Washington, 927 A.2d 586, 599 (Pa.2007)).

2016Commonwealth v. Fulton, 876 A.2d 342 , (Pa. 2003). 7 To be entitled to an evidentiary hearing on a claim of ineffectiveness, a defendant must ''set forth an offer to prove at an appropriate hearing sufficient facts upon which a reviewing court can conclude ... counsel may have, in fact, been ineffective." Commonwealth v. Priovolos, 715 A.2d 420, 422 (Pa. 1998) (quoting Commonwealth v. Pettus, 424 A.2d 1332, 1335 (Pa. 1981 )).

2016“If an appellant fails to prove by a 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.Super.2009), appeal denied, 990 A.2d 727 (Pa.2010) (citation omitted). ____________________________________________ 5 Commonwealth v. Pierce, 527 A.2d 973 (Pa.1987). -5- J-S43044-16 “Claims alleging ineffectiveness of counsel premised on allegations that trial counsel’s actions interfered with an accused’s right to testify require a defendant to prove either that counsel interfered with his r

2016Commonwealth v. Miner, 44 A.3d 684, 687 (Pa.Super.2012); see also Commonwealth v. Johnson, 966 A.2d 523, 536 (Pa.2009) (quoting Commonwealth v. Washington, 927 A.2d 586, 599 (Pa.2007)).

2016Commonwealth v. Miner, 44 A.3d 684, 687 (Pa.Super.2012); see also Commonwealth v. Johnson, 966 A.2d 523, 536 (Pa.2009) (quoting Commonwealth v. Washington, 927 A.2d 586, 599 (Pa.2007)).