Superior Court of Pennsylvania· 1/28/2015

Commonwealth v. Walker

Citations

110 A.3d 1000
2015 Pa. Super. 17
2015 Pa. Super. LEXIS 27
2015 WL 344391

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that prejudice, relative to a claim of deficient stewardship in advising a defendant not to testify at trial, is assessed according only to whether or not the defendant would have testified had fuller advice been rendered
vacating order dismissing claim that the decision not to testify was based upon ineffective assistance of counsel and remanding for a hearing
noting remand limited to an evidentiary hearing only on the issue of counsel’s advice and the court could not review any claim outside of its limited remand
remanding for an evidentiary hearing to determine whether appellant’s claim that counsel incorrectly advised him that prior convictions could be used to impeach him if he testified had arguable merit
To establish prejudice, a defendant must show that the result of the waiver proceeding would have been different absent counsel's ineffectiveness, not whether the outcome of the trial itself would have been more favorable had the defendant taken the stand

Source: CourtListener parenthetical corpus (CC0).

Judges: Bender, Donohue, Strassburger

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4 cases in this archive cite this case.

Cites

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