context: Neverthe less, they are not subject to the PCRA's previous-litigation bar because they are distinct ineffectiveness claims derivative of the underlying issues. This Court has recognized that, while such ineffectiveness claims may fail for the same reason that the underlying issues faltered on direct review, the Sixth Amendment basis for an allegation of counsel ineffectiveness gives rise to a separate claim for review under the PCRA.
citation_a.signal: cf.
citation_a.identifier: 888 A.2d 573, 573
citation_a.parenthetical: "While under the Collins decision, layered ineffectiveness claims are distinct from the underlying claims, the underlying claims remain an essential component, and it should now go without saying that those challenging a verdict must attend to all aspects of their claims for relief." (citing Collins, 585 Pa. at 60-61, 888 A.2d at 573
citation_a.sentence: See Commonwealth v. Carson, 590 Pa. 501, 526, 918 A.2d 220, 284 (2006); see also Commonwealth v. Collins, 585 Pa. 45, 61, 888 A.2d 564, 573 (2005) (holding that derivative ineffectiveness claims are distinct Sixth Amendment claims, albeit they “may fail on the arguable merit or prejudice prong for the reasons discussed on direct appeal”); cf. Williams, 597 Pa. at 142, 950 A.2d at 313-14 (“While under the Collins decision, layered ineffectiveness claims are distinct from the underlying claims, the underlying claims remain an essential component, and it should now go without saying that those challenging a verdict must attend to all aspects of their claims for relief.” (citing Collins, 585 Pa. at 60-61, 888 A.2d at 573)).
citation_b.signal: see also
citation_b.identifier: 888 A.2d 564, 573
citation_b.parenthetical: holding that derivative ineffectiveness claims are distinct Sixth Amendment claims, albeit they "may fail on the arguable merit or prejudice prong for the reasons discussed on direct appeal"
citation_b.sentence: See Commonwealth v. Carson, 590 Pa. 501, 526, 918 A.2d 220, 284 (2006); see also Commonwealth v. Collins, 585 Pa. 45, 61, 888 A.2d 564, 573 (2005) (holding that derivative ineffectiveness claims are distinct Sixth Amendment claims, albeit they “may fail on the arguable merit or prejudice prong for the reasons discussed on direct appeal”); cf. Williams, 597 Pa. at 142, 950 A.2d at 313-14 (“While under the Collins decision, layered ineffectiveness claims are distinct from the underlying claims, the underlying claims remain an essential component, and it should now go without saying that those challenging a verdict must attend to all aspects of their claims for relief.” (citing Collins, 585 Pa. at 60-61, 888 A.2d at 573)).