adversarial balance between defense (Pennsylvania) · Go Syfert
← Pennsylvania issues

adversarial balance between defense in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1988–2025 2 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 (5)

CaseFollowedCited
Commonwealth v. Wantzgreen
pa · 2014 · cited in 2 Pennsylvania opinions naming this issue, 2017–2021
2 sentences

2021Commonwealth v. Wantz, 84 A.3d 324, 331 (Pa. 2014) When the issue of the ineffectiveness of counsel is raised; “Counsel is presumed to have been effective and the defendant has the burden of proving otherwise.” Commonwealth v. Tilley, 780 A.2d 649, 652 (Pa. 2001) Our Supreme Court, in Commonwealth v. Lesko, 15 A.3d 345 (Pa. 2011), reaffirmed its previously enunciated Strickland/Pierce! test, which established that in order to prevail in his complaint that counsel was ineffective Defendant must satisfy each prong of a three prong test.

2017Commonwealth v. Wantz, 84 A. 3d 324, 331 (Pa. 2014) When the issue or the ineffectiveness of counsel is raised; "Counsel is presumed to have been effective and the defendant has the burden of proving otherwise." Commonwealth v. Tilley, 780 A.2, 649, 652 (Pa. 2001) Our Supreme Court, in Commonwealth v. Lesko, 15 A. 3d 345 (Pa 2011 ), reaffirmed its previously enunciated Strickland/Pierce! test, which established that in order to prevail in his complaint that counsel was ineffective Defendant must s tisfy a three prong test.

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 3 Pennsylvania opinions naming this issue, 1988–2025
2 sentences

2025As originally established by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 (1984), and adopted by Pennsylvania appellate courts, counsel is presumed to have provided effective representation unless a PCRA petitioner pleads and proves all of the following: (1) the underlying legal claim is of arguable merit; (2) counsel's action or inaction lacked any objectively reasonable basis designed to effectuate his client's interest; and (3) prejudice, to the effect that there was a reasonable probability of a different outcome at trial if not for counsel's error.

2019As originally established by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and adopted by Pennsylvania appellate courts, counsel is presumed to have provided effective representation unless a PCRA petitioner pleads and proves all of the following: (1) the underlying legal claim is of arguable merit; (2) counsel’s action or inaction lacked any objectively reasonable basis designed to effectuate his client’s interest; and (3) prejudice, to the effect that there was a reasonable probability of a different outcome at trial if no

13
Commonwealth v. Tilleygreen
pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Commonwealth v. Wantz, 84 A.3d 324, 331 (Pa. 2014) When the issue of the ineffectiveness of counsel is raised; “Counsel is presumed to have been effective and the defendant has the burden of proving otherwise.” Commonwealth v. Tilley, 780 A.2d 649, 652 (Pa. 2001) Our Supreme Court, in Commonwealth v. Lesko, 15 A.3d 345 (Pa. 2011), reaffirmed its previously enunciated Strickland/Pierce! test, which established that in order to prevail in his complaint that counsel was ineffective Defendant must satisfy each prong of a three prong test.

11
Commonwealth v. Collinsgreen
pa · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014Commonwealth v. Collins, 585 Pa. 45, 59 , 888 A.2d 564, 572 (2005).

2014Commonwealth v. Collins, 585 Pa. 45, 59 , 888 A.2d 564, 572 (2005).

11
United States v. Cronicgreen
scotus · 1984 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
2 sentences

1988See e.g., Strickland v. Washington, 466 US 668 , 80 L Ed 2d 674 , 104 S Ct 2052 ; United States v. Cronic, 466 US 648, 655-657 , 80 L Ed 2d 657 , 104 S Ct 2039 [2044-2046], (1984).

1988See e.g., Strickland v. Washington, 466 US 668 , 80 L Ed 2d 674 , 104 S Ct 2052 ; United States v. Cronic, 466 US 648, 655-657 , 80 L Ed 2d 657 , 104 S Ct 2039 [2044-2046], (1984).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Commonwealth v. Lesko green
pa · 2011
2 sentences

2021Commonwealth v. Wantz, 84 A.3d 324, 331 (Pa. 2014) When the issue of the ineffectiveness of counsel is raised; “Counsel is presumed to have been effective and the defendant has the burden of proving otherwise.” Commonwealth v. Tilley, 780 A.2d 649, 652 (Pa. 2001) Our Supreme Court, in Commonwealth v. Lesko, 15 A.3d 345 (Pa. 2011), reaffirmed its previously enunciated Strickland/Pierce! test, which established that in order to prevail in his complaint that counsel was ineffective Defendant must satisfy each prong of a three prong test.

2017Commonwealth v. Wantz, 84 A. 3d 324, 331 (Pa. 2014) When the issue or the ineffectiveness of counsel is raised; "Counsel is presumed to have been effective and the defendant has the burden of proving otherwise." Commonwealth v. Tilley, 780 A.2, 649, 652 (Pa. 2001) Our Supreme Court, in Commonwealth v. Lesko, 15 A. 3d 345 (Pa 2011 ), reaffirmed its previously enunciated Strickland/Pierce! test, which established that in order to prevail in his complaint that counsel was ineffective Defendant must s tisfy a three prong test.

22017–2021
Commonwealth v. Johnson green
pa · 2009
1 sentence

2019We pay great deference to the findings of the PCRA court, “but its legal determinations are subject to our plenary review.” Id. - 22 - The essence of a claim of ineffective assistance of counsel is that counsel’s unprofessional errors so upset the adversarial balance between defense and prosecution that the trial was rendered unfair and the verdict rendered suspect.

12019–2019
Kimmelman v. Morrison green
scotus · 1986
2 sentences

2005“The essence of an ineffective-assistance claim is that counsel’s unprofessional errors so upset the adversarial balance between defense and prosecution that the trial was rendered unfair and the verdict rendered suspect.” Id. at 374-75 , 106 S.Ct. 2574 .

2005“The essence of an ineffective-assistance claim is that counsel’s unprofessional errors so upset the adversarial balance between defense and prosecution that the trial was rendered unfair and the verdict rendered suspect.” Id. at 374-75 , 106 S.Ct. 2574 .

12005–2005

Where else courts name it

OK 16 (1997–2000) PA 7 (1988–2025) CA 5 (2013–2018) IL 5 (2000–2024) MD 4 (1999–2018) FL 3 (1998–2007) WI 3 (1995–2021) TX 3 (2015–2025) MO 2 (1987–1987) NC 2 (2020–2020) VA 2 (2014–2014) IN 2 (1997–1998)

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.

← Caselaw search · G Cite Topics · Brief Check