Opinion

Commonwealth v. Simmons

  • 569 Pa. 405
  • 804 A.2d 625
  • 2001 Pa. LEXIS 2847
Court
Supreme Court of Pennsylvania
Filed
Dec 31, 2001
Status
Published
Author
Cappy
On the bench
Flaherty, Zappala, Cappy, Castille, Nigro, Newman, Saylor, Appal
Cited by
21 cases
Authority
More cited than 9.6%

explaining that boilerplate allegations of ineffectiveness are insufficient to warrant relief

How later courts described this case

  • explaining that boilerplate allegations of ineffectiveness are insufficient to warrant relief
  • “[t]here is no implication or holding that the choice not to life qualify a jury amounts to advocacy so glaringly *201 substandard as to amount to a deprivation of the Sixth Amendment right to counsel”
  • "[t]here is no implication or holding that the choice not to life qualify a jury amounts to advocacy so glaringly substandard as to amount to a deprivation of the Sixth Amendment right to counsel"
  • “Boilerplate allegations have never been sufficient to discharge [the appellant’s] affirmative burden to rebut the presumption of effectiveness.”

Written by the judges who cited it.

The opinion

Justice CAPPY,

concurring.

I concur in the result reached by the majority for the reasons as more fully set forth in my concurring opinion in Commonwealth v. Lambert, 568 Pa. 346 , 797 A.2d 232 (2001).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.