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329 Pa. Super. 347

478 A.2d 822

Commonwealth v. Gray

Supreme Court of Pennsylvania

Decided June 1, 1984

Supreme Court of Pennsylvania · decided 1984-06-01

Relies on Commonwealth v. Badger

Good law ✅— No negative treatment on recordhow we know

Decided 1984-06-01

How this case has been cited

Cited by 25 later decisions — most recently July 2018 · most notably 396 Pa. Super. 605 - Commonwealth v. Fuller (1990), 346 Pa. Super. 11 - Commonwealth v. Thomas (1985)

21 state decisions

1101984199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

CIRILLO, Judge,

¶1dissenting:

¶2I respectfully dissent.

¶3The Supreme Court of Pennsylvania in Commonwealth v. Badger, 482 Pa. 240, 244, 393 A.2d 642, 644 (1978) has formulated the test for determining effectiveness of counsel. The court stated that:

"... a finding of ineffectiveness [can] never be made unless [it can be] concluded that the alternatives not chosen offered a potential for success substantially greater than the tactics actually utilized.” Commonwealth ex rel. Washington v. Maroney, supra, 427 Pa. at 605, n. 8, 235 A.2d 353, n. 8 ... the alternatives must be examined *359only as a means of determining whether the course chosen had some reasonable basis.

¶4Appellant has not shown that counsel’s strategy was devoid of reason. Thus, further evidentiary proceedings are not mandated.

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