context: Indeed, on multiple occasions, this Court has found an appellate lawyer ineffective for failing to raise or prove that trial counsel was ineffective in his mitigation investigation for the penalty phase of a capital trial.
citation_a.signal: see also
citation_a.identifier: 912 A.2d 268, 294-95, 291
citation_a.parenthetical: remanding for PCRA evidentiary hearing on claim of ineffective assistance of appellate counsel for failure to raise ineffectiveness of trial counsel during penalty phase where trial counsel "called no witnesses and presented no evidence at Jones' penalty hearing"
citation_a.sentence: See, e.g., Commonwealth v. Williams, 597 Pa. 109, 950 A.2d 294, 305 (2008) (finding that appellate counsel failed to “provid[e] essential support for the claim of trial counsel ineffectiveness in the failure to investigate and present available mitigation” where trial counsel had failed to request defendant’s complete medical records or arrange for mental health examination despite trial counsel’s constructive notice of potential relevance of mental-health issues); Commonwealth v. Gorby, 589 Pa. 364, 909 A.2d 775, 792 (2006) (finding appellate counsel ineffective for failing to raise ineffectiveness of trial counsel during penalty phase where trial counsel failed to obtain medical, educational, or social-history records, or consult mental-health professional); Ford, 809 A.2d at 331 (Opinion Announcing the Judgment of the Court) (finding appellate counsel ineffective for failing to raise trial counsel’s ineffectiveness for “present[ing] virtually no evidence of mitigating circumstances”); see also Commonwealth v. (Damon) Jones, 590 Pa.202, 912 A.2d 268, 294-95, 291 (2006) (remanding for PCRA evidentiary hearing on claim of ineffective assistance of appellate counsel for failure to raise ineffectiveness of trial counsel during penalty phase where trial counsel “called no witnesses and presented no evidence at Jones’ penalty hearing”); Commonwealth v. Gibson, 596 Pa. 1, 940 A.2d 323 (2005) (per curiam) (remanding for PCRA evidentiary hearing on claim of ineffective assistance of appellate counsel based on ineffectiveness of trial counsel in investigation of mitigation evidence).
citation_b.signal: see
citation_b.identifier: 909 A.2d 775, 792
citation_b.parenthetical: finding appellate counsel ineffective for failing to raise ineffectiveness of trial counsel during penalty phase where trial counsel failed to obtain medical, educational, or social-history records, or consult mental-health professional
citation_b.sentence: See, e.g., Commonwealth v. Williams, 597 Pa. 109, 950 A.2d 294, 305 (2008) (finding that appellate counsel failed to “provid[e] essential support for the claim of trial counsel ineffectiveness in the failure to investigate and present available mitigation” where trial counsel had failed to request defendant’s complete medical records or arrange for mental health examination despite trial counsel’s constructive notice of potential relevance of mental-health issues); Commonwealth v. Gorby, 589 Pa. 364, 909 A.2d 775, 792 (2006) (finding appellate counsel ineffective for failing to raise ineffectiveness of trial counsel during penalty phase where trial counsel failed to obtain medical, educational, or social-history records, or consult mental-health professional); Ford, 809 A.2d at 331 (Opinion Announcing the Judgment of the Court) (finding appellate counsel ineffective for failing to raise trial counsel’s ineffectiveness for “present[ing] virtually no evidence of mitigating circumstances”); see also Commonwealth v. (Damon) Jones, 590 Pa.202, 912 A.2d 268, 294-95, 291 (2006) (remanding for PCRA evidentiary hearing on claim of ineffective assistance of appellate counsel for failure to raise ineffectiveness of trial counsel during penalty phase where trial counsel “called no witnesses and presented no evidence at Jones’ penalty hearing”); Commonwealth v. Gibson, 596 Pa. 1, 940 A.2d 323 (2005) (per curiam) (remanding for PCRA evidentiary hearing on claim of ineffective assistance of appellate counsel based on ineffectiveness of trial counsel in investigation of mitigation evidence).