Ineffective Assistance of Counsel • DNA Evidence • Prejudice

Commonwealth v. Pruitt, PICS Case No. 17-1044 (Pa. June 20, 2017) Saylor, C.J.; Wecht, J., dissenting (33 pages).

There was arguable merit to defendant’s ineffective assistance of counsel claim based on counsel’s failure to challenge DNA evidence offered by the Commonwealth; however, defendant failed to establish a reasonable probability that the verdict would have been different had counsel provided more able stewardship relative to this evidence. The court affirmed an order denying defendant relief under the Post Conviction Relief Act.