Vogelbaum v. Atlantis Operating Co.

How courts have described this case

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

• concluding that, because a “deal” the defendant faulted the Commonwealth for failing to disclose did not exist, a Brady violation did not occur
• concluding that a PCRA petitioner failed to demonstrate “arguable merit” where the record supported the PCRA court’s rejection of the claim by indicating that there was no error
• holding that, because the petitioner “did not establish a lack of reasonable basis through trial counsel’s testimony at the PCRA hearing, he failed to sustain his burden of proof”
• recognizing that “[t]his Court has characterized the Strickland standard as tripartite, by dividing the performance element into two distinct parts,” namely, that the underlying legal issue is of arguable merit, and that counsel’s action lacked an objective reasonable basis
• holding that where petitioner was given evidentiary hearing and failed to question counsel regarding his reasons for alleged failures, petitioner fails to 4 At 2.i and 2.j in the amended PCRA petition, Appellant asserts: i
• observing that counsel in some circumstances may forgo objections and instructions to avoid highlighting the issue for the jury

Source: CourtListener parenthetical corpus (CC0).