# Commonwealth v. Stevens

> Supreme Court of Pennsylvania · October 27, 1999 · 559 Pa. 171

URL: https://www.frixlaw.com/law-library/cases/9714192

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee, v. Andre STEVENS, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 27, 1999
- **Citations:** 559 Pa. 171; 739 A.2d 507; 1999 Pa. LEXIS 3227
- **Precedential status:** Published
- **Opinion:** Dissent by Nigro
- **Judges:** Flaherty, Zappala, Cappy, Castille, Nigro, Newman, Saylor
- **Cited by:** 69 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9714192

## How later opinions describe it (automated extraction)

- affirming PCRA court's denial of claim that counsel was ineffective in presentation of mitigation evidence where PCRA court was also factfinder at bench trial and evidence of guilt was overwhelming
- noting that prejudice exists where petitioner shows a “reasonable probability that, but for the error of counsel, the outcome of the proceeding would have been different.”
- stating meritless individual assertions of error lead to rejection of unfounded claim of cumulative effects

## Opinion text

NIGRO, Justice,
dissenting.
Based on the narrow set of circumstances presented in this case, I agree with Justice Zappala that the matter should be remanded to the PCRA court for reconsideration of Appellant’s claim that his counsel could have developed a viable diminished capacity defense had counsel provided Dr. Martone with the proper materials to obtain a correct diagnosis in the first instance.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9714192. Public record. Not legal advice.