Topic: if a petitioner raises allegations, which, even if accepted… · Go Syfert
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Topic #8731

4 canonical passages across 4 cases, quoted by 42 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. Jones.

#Case FlagCanonical passage Citers
1 Commonwealth v. Jones Anchor
pa · 2005
green “if a petitioner raises allegations, which, even if accepted as true, do not establish the underlying claim ..., he or she will have failed to establish the arguable merit prong related to the claim” 20
2 Commonwealth v. Burkett
pasuperct · 2010
green “fails to plead or meet any elements of the above-cited test, his claim must fail.” 10
3 Commonwealth v. Chmiel
pa · 2011
green “to plead and prove ineffective assistance of counsel a petitioner must establish: (1) that the underlying issue has arguable merit; (2) counsel's actions lacked an objective reasonable basis; and (3) actual prejudice resulted from counsel's act or failure to act.” 7
4 Commonwealth v. Saranchak
pa · 2005
green “facts rise to the level of arguable merit is a legal determination.” 5

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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