Finally, our standard of review in an appeal from the denial of PCRA relief is "whether the findings of the PCRA court are supported by the record and free of legal error." Commonwealth v. Gwynn, 596 Pa. 398, 943 A.2d 940, 944 (2008) (citing Commonwealth v. Abu-Jamal, 574 Pa. 724, 833 A.2d 719, 723 (2003)). "The level of deference accorded to the post-conviction court may vary depending upon whether the decision involved matters of credibility or matters of applying the governing law to the facts as so determined."

Therefore, his claim fails. See Bryant, supra at 745; see also Commonwealth v. Gwynn, 596 Pa. 398, 943 A.2d 940, 945 (Pa. 2008) (when defendant claims counsel was ineffective for failing to introduce expert testimony at trial he must articulate "what evidence was available and identify a witness who was willing to offer such [evidence].") (citations omitted). There is no basis to upset the PCRA court's finding that [Ferguson] was not entitled to PCRA relief on this basis.

This Court has reviewed the claim Appellant makes here on multiple occasions, and we have held that the claim is meritless. See, e.g., Commonwealth v. Simpson, 620 Pa. 60, 66 A.3d 253, 278–79 (2013) (citing Commonwealth v. Gwynn, 596 Pa. 398, 943 A.2d 940, 951 (2008)); Spotz, 18 A.3d at 282–83 (additional cases cited therein). Without acknowledging this line of authority, Appellant cites only to Gwynn, a case decided twelve years after the trial in this case, for the proposition that the charge at issue passes muster only if “each mitigating circumstance is fully explained to the jury.”

Accordingly, because Appellant has not proven that he was prejudiced, and, thus, has not proven that his penalty phase counsel was ineffective in her investigation and presentation of mitigating evidence, we will not deem appellate counsel ineffective for failing to raise this meritless claim on direct appeal. See Commonwealth v. Gwynn, 596 Pa. 398, 943 A.2d 940, 949 (2008) (holding counsel is not ineffective for failing to pursue meritless claims). D. Unreliable Forensic Evidence

This Court has reviewed the claim Appellant makes here on multiple occasions, and we have held that the claim is meritless. See, e.g., Commonwealth v. Simpson, 620 Pa. 60, 66 A.3d 253, 278–79 (2013) (citing Commonwealth v. Gwynn, 596 Pa. 398, 943 A.2d 940, 951 (2008)); Spotz, 18 A.3d at 282–83 (additional cases cited therein). Without acknowledging this line of authority, Appellant cites only to Gwynn, a case decided twelve years after the trial in this case, for the proposition that the charge at issue passes muster only if “each mitigating circumstance is fully explained to the jury.”

While the trial court's version of the jury instruction has been removed from the standard instructions, nevertheless, we have repeatedly upheld this instruction as constitutionally adequate, even after it was excised from the Suggested Standard Jury Instructions. See, e.g., Commonwealth v. Gwynn, 596 Pa. 398, 415–16, 943 A.2d 940, 951 (2008). Accordingly, Appellant's claim lacks arguable merit, and so we conclude the PCRA court correctly dismissed this claim without a hearing.

It certainly remains arguable that ineptitude of this sort and magnitude should not redound to the detriment of an indigent petitioner pursuing what is likely to be his single opportunity to secure state post-conviction appellate review of his sentence of death. Commonwealth v. Gwynn, 596 Pa. 398, 421 n. 2, 943 A.2d 940, 954 n. 2 (2008) (Saylor, J., dissenting). See, e.g., Commonwealth v. Romero, 595 Pa. 275, 312–20, 938 A.2d 362, 384–89 (2007) (plurality, in part) (rejecting an ineffectiveness claim in the circumstances involving a highly limited penalty investigation); Commonwealth v. Brown, 582 Pa. 461, 481, 872 A.2d 1139, 1150–51 (2005) (sustaining summary dismissal of an ineffectiveness claim, despite the trial attorney's attestation that he “was shocked by the jury's guilt-phase verdict and ... had not done any preparation for the penalty phase of the case”).

Notably, on direct appeal, appellant argued counsel was ineffective for failing to impeach Hill with his prior statement and criminal record; he now contends counsel was ineffective for failing to impeach Hill with another witness's police statement. Appellant merely offers an alternative theory for trial counsel's ineffectiveness; thus, it has been previously litigated. See Commonwealth v. Gwynn, 596 Pa. 398, 943 A.2d 940, 944–45 (2008) (quoting Commonwealth v. Collins, 585 Pa. 45, 888 A.2d 564, 570 (2005)) (ineffectiveness claim is previously litigated if it is “ ‘merely an alternative theory in support of the same underlying issue that was raised on direct appeal.’ ”).

Even still, I favored some latitude, after McGill, to allow practitioners some time to adjust to its specific mandates. See, e.g., Commonwealth v. Gwynn, 596 Pa. 398, 421, 943 A.2d 940, 954 (2008) (Saylor, J., concurring). As of 2008, however, I was committed to fair enforcement of McGill.

Appellant was arraigned on the night of his arrest, prior to being transported to the Bradford County Jail, and, thus, his Sixth Amendment right to counsel attached at that time. See, e.g., Rothgery v. Gillespie County, 554 U.S. 191, ___, 128 S.Ct. 2578, 2592 (2008) ("[A] criminal defendant's initial appearance before a judicial officer, where he learns the charge against him and his liberty is subject to restriction, marks the start of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel."); Commonwealth v. Gwynn, 596 Pa. 398, 410, 943 A.2d 940, 947 (2008) (recognizing that Sixth Amendment right to counsel attaches at the initiation of adversary judicial proceedings which is generally at the arraignment). Recently, the high Court held in Maryland v. Shatzer, ___ U.S ___, 130 S.Ct. 1213 (2010), that if an individual terminates a police interrogation by making a request for an attorney, and there is a break of 14 days or more until the next period of "interrogative" or "Miranda custody," 130 S.Ct. at 1225, and if the individual is read his Miranda rights during the subsequent period of interrogative custody and chooses to waive them, Edwards does not preclude the admission into evidence of any statements made thereafter.