may dismiss claim in Pennsylvania

2020“Counsel is presumed to have rendered effective assistance, and, if a claim fails under any required element of the Strickland test, the court may dismiss the claim on that basis.” Id. at 410 (citing Commonwealth v. Ali, 10 A.3d 282, 291 (Pa. 2010)).

2020See id.; see also Ali, 10 A.3d at 291 (stating that if an ineffectiveness claim fails under any required element of the Strickland test, the court may dismiss the claim on that basis).

2023Commonwealth v. Travaglia, 661 A.2d 352, 357 (Pa. 1995).

2017Commonwealth v. Travaglia, 661 A.2d 352, 357 (Pa. 1995).

2026Commonwealth v. Rivera, 10 A.3d 1276, 1279 (Pa. Super. 2010).

2023Commonwealth v. Rivera, 10 A.3d 1276, 1279 (Pa. Super. 2010).

2023Commonwealth v. Vandivner, 634 Pa. 482, 490 , 130 A.3d 676, 680 (2015).

2023Commonwealth v. Vandivner, 634 Pa. 482, 490 , 130 A.3d 676, 680 (2015).

2015With regard to the third prong, “prejudice [is] measured by whether there is a reasonable probability that the result of the proceeding would be different.” Daniels, supra. “[I]f a claim fails under any required element of the Strickland test, the court may dismiss the claim on that basis.” Commonwealth v. Bomar, 104 A.3d 1179, 1188 (Pa. 2014).

2015Commonwealth v. Rivera, --- A.3d ---, 2014 WL 7404541 , at *5 (Pa. Super. 2014)-. “[I]f a claim fails under any required element of the Strickland test, the court may dismiss the claim on that basis.” Commonwealth v. Bomar, 104 A.3d 1179, 1188 (Pa. 2014).

2016Moreover, “[c]ounsel is presumed to have rendered effective assistance, and, if a claim fails under any required element …, the court may dismiss the claim on that basis.” Commonwealth v. Reid, 99 A.3d 470, 481 (Pa. 2014) (quotation omitted). _______________________ (Footnote Continued) officials for mailing on October 26, 2015.

2016Moreover, “[c]ounsel is presumed to have rendered effective assistance, and, if a claim fails under any required element …, the court may dismiss the claim on that basis.” Commonwealth v. Reid, 99 A.3d 470, 481 (Pa. 2014) (quotation omitted).

2019In examining the claim, Defendant's trial counsel is "presumed to have rendered effective assistance, and, if [his] claim fails under any required prong of the Strickland test, the court may dismiss the claim on that basis." Id.

2018Commonwealth v. Ali, 10 A.3d 282, 291 (Pa. 2010). [J-28-2018] - 28 Commonwealth v. VanDivner, 178 A.3d 108, 114 (Pa. 2018) (internal citations modified).

2022In its Rule 1925(a) opinion, the trial court addressed this issue and concluded that Appellant had not established the existence of prejudice: Although [defense counsel’s] choice to admit [the victim’s] toxicology report (and cite it incorrectly) was questionable, it “was not of such magnitude that it could have reasonably had an adverse effect on the outcome of the proceedings.” Commonwealth v. Gribble, 863 A.2d 455, 472 (Pa. 2004). . . . [Defense counsel’s] admission of the toxicology report was inconsequential in [the] face of the totality of other relevant factors.

2022See Commonwealth v. Cappelli, 489 A.2d 813, 819 (Pa. Super. 1985); see also Commonwealth v. Payne, 794 A.2d 902, 906 (Pa. Super. 2002) (holding that PCRA court may deny a petition without an evidentiary hearing where it determines that the claims raised are without merit and would not entitle petitioner to post-conviction collateral relief); Pa.R.Crim.P. 907(2) (permitting PCRA court to summarily dismiss a PCRA petition if there are no disputed factual issues to be resolved at an evidentiary hearing).

2022See Commonwealth v. Cappelli, 489 A.2d 813, 819 (Pa. Super. 1985); see also Commonwealth v. Payne, 794 A.2d 902, 906 (Pa. Super. 2002) (holding that PCRA court may deny a petition without an evidentiary hearing where it determines that the claims raised are without merit and would not entitle petitioner to post-conviction collateral relief); Pa.R.Crim.P. 907(2) (permitting PCRA court to summarily dismiss a PCRA petition if there are no disputed factual issues to be resolved at an evidentiary hearing).

2019Comm. v. Harris, 852 A.2d 1168, 1180 (Pa. 2004).

2015Commonwealth v. Rivera, 108 A.3d 779, 789 (Pa. Super. 2014). “[I]f a claim fails under any required element of the Strickland test, the court may dismiss the claim on that basis.” Commonwealth v. Bomar, 104 A.3d 1179, 1188 (Pa. 2014), cert. denied, --- U.S. ---, 2015 WL 2128333 (2015).

2015“Additionally, counsel cannot be deemed ineffective for failure to raise a meritless claim.” Rivera, supra. (citation omitted).

2015Commonwealth v. Reid, 99 A.3d 427, 436 (Pa. 2014).

2002See Commonwealth v. Rizzuto, 566 Pa. 40, 64 , 777 A.2d 1069, 1083 (2001) (noting that if the prejudice prong of the ineffectiveness test has not been met, the court may dismiss the claim without addressing the remaining prongs).

2002See Commonwealth v. Rizzuto, 566 Pa. 40, 64 , 777 A.2d 1069, 1083 (2001) (noting that if the prejudice prong of the ineffectiveness test has not been met, the court may dismiss the claim without addressing the remaining prongs).