Commonwealth v. Fears

587 Citing cases

  1. Commonwealth v. Ferrante

    862 WDA 2022 (Pa. Super. Ct. Jan. 12, 2024)

    "Failure to prove any prong of this test will defeat an ineffectiveness claim." Commonwealth v. Fears, 86 A.3d 795, 804 (Pa. 2014).

  2. Commonwealth v. Reynolds

    1000 WDA 2023 (Pa. Super. Ct. Aug. 27, 2024)

    Sandusky, 203 A.3d at 1043-44 (citations omitted and formatting altered); see also Commonwealth v. Fears, 86 A.3d 795, 804 (Pa. 2014) (reiterating that where a petitioner "fails to meaningfully discuss each of the three ineffectiveness prongs, he is not entitled to relief, and we are constrained to find such claims waived for lack of development" (citations and quotation marks omitted)).

  3. Fears v. Wetzel

    Civil Action No. 05-cv-1421 (W.D. Pa. Jul. 30, 2015)   Cited 2 times
    Concluding that neither Martinez nor Trevino applied because the pre-Grant petitioner could have raised claims of ineffective assistance of trial counsel in his post-sentence and direct appeal proceedings, and that the petitioner had not established cause to excuse his procedurally defaulted claims

    She also stated that Fears' alcohol consumption may have further impacted his judgment and impulse control. Commonwealth v. Fears, 86 A.3d 795, 801-02 (Pa. 2014) ("Fears II") (citing 2/2/95 Sent. Hr'g Tr. at 114-16). At the conclusion of the sentencing hearing, the trial court found one aggravating circumstance: the killing was committed in perpetration of a felony, specifically IDSI. 42 Pa.C.S. § 9711(d)(6).

  4. Commonwealth v. Fears

    250 A.3d 1180 (Pa. 2021)   Cited 28 times

    Subsequently, Appellant filed his first counseled petition pursuant to the PCRA. Appellant set forth claims regarding, inter alia , trial counsel's ineffectiveness, the voluntariness of Appellant's jury trial waiver, and violations of his due process rights. See Commonwealth v. Fears , 624 Pa. 446, 86 A.3d 795 (2014). The PCRA court denied Appellant's claims, and he appealed.

  5. Commonwealth v. Henderson

    1951 EDA 2023 (Pa. Super. Ct. Oct. 21, 2024)

    Sandusky, 203 A.3d at 1043-44 (citations omitted and formatting altered); see also Commonwealth v. Fears, 86 A.3d 795, 804 (Pa. 2014) (stating that where a petitioner "fails to meaningfully discuss each of the three ineffectiveness prongs, he is not entitled to relief, and we are constrained to find such claims waived for lack of development" (citations and quotation marks omitted)).

  6. Commonwealth v. Glover

    1044 EDA 2023 (Pa. Super. Ct. Oct. 1, 2024)

    Sandusky, 203 A.3d at 1043-44 (citations omitted and formatting altered); see also Commonwealth v. Fears, 86 A.3d 795, 804 (Pa. 2014) (stating that where a petitioner "fails to meaningfully discuss each of the three ineffectiveness prongs, he is not entitled to relief, and we are constrained to find such claims waived for lack of development" (citations and quotation marks omitted)).

  7. Commonwealth v. Hamilton

    2023 Pa. Super. 194 (Pa. Super. Ct. 2023)

    We apply a de novo standard of review to the PCRA court's legal conclusions. SeeCommonwealth v. Fears, 86 A.3d 795, 804 (Pa. 2014).

  8. Commonwealth v. Hamilton

    1141 WDA 2022 (Pa. Super. Ct. Aug. 28, 2023)

    We apply a de novo standard of review to the PCRA court's legal conclusions. SeeCommonwealth v. Fears, 86 A.3d 795, 804 (Pa. 2014).

  9. Commonwealth v. Miller

    548 MDA 2022 (Pa. Super. Ct. Jan. 25, 2023)

    Counsel is presumed effective and a petitioner bears the burden to prove otherwise. See Commonwealth v. Fears, 86 A.3d 795, 804 (Pa. Super. 2014). To establish an ineffectiveness claim, a defendant must prove:

  10. Commonwealth v. Acres

    287 A.3d 869 (Pa. Super. Ct. 2022)

    We apply a de novo standard of review to the PCRA court's legal conclusions. SeeCommonwealth v. Fears , 86 A.3d 795, 804 (Pa. 2014).