Topic: (1) his underlying claim is of arguable merit; (2) the part… · Go Syfert
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Topic #550

10 canonical passages across 8 cases, quoted by 310 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Commonwealth v. Fulton.

#Case FlagCanonical passage Citers
1 Commonwealth v. Fulton Anchor
pa · 2003
green “(1) his underlying claim is of arguable merit; (2) the particular course of conduct pursued by counsel did not have some reasonable basis designed to effectuate his interests; and, (3) but for counsel's ineffectiveness, there is a reasonable probability that the outcome of the c…” 58
2 Commonwealth v. Spotz
pa · 2014
green “(1) his underlying claim is of arguable merit; (2) counsel had no reasonable basis for his action or inaction; and (3) the petitioner suffered actual prejudice as a result.” 57
3 Commonwealth v. Spotz
pa · 2006
green “counsel will not be deemed ineffective for failing to raise a meritless claim.” 49
4 Commonwealth v. Rivera
pasuperct · 2010
green “the burden of demonstrating ineffectiveness rests on appellant.” 38
5 Commonwealth v. Rivera
pasuperct · 2010
green “the failure to prove any one of the three ineffectiveness prongs results in the failure of petitioner's claim.” 37
6 Commonwealth v. Spotz
pa · 2006
green “counsel will not be deemed ineffective for failing to raise a meritless claim” 22
7 Com. v. Velazquez, G.
pasuperct · 2019
green “absent counsel's conduct, there is a reasonable probability the outcome of the proceedings would have been different.” 22
8 Commonwealth v. Ousley
pasuperct · 2011
green “(1) that the underlying claim has merit; (2) counsel had no reasonable strategic basis for his or her action or inaction; and (3) but for the errors or omissions of counsel, there is a reasonable probability that the outcome of the proceedings would have been different.” 19
9 Commonwealth v. Timchak
pasuperct · 2013
green “the appellant must demonstrate 'it is reasonably probable that, but for counsel's errors, he would not have pleaded guilty and would have gone to trial.” 6
10 Commonwealth v. Hart
pasuperct · 2018
green “is limited 'to whether the pcra court's determination is supported by evidence of record and whether it is free of legal error.” 2

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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