Until recently, it appeared that Pennsylvania law governing post-conviction relief petitions (the challenges to a criminal conviction after direct appeal) were in conflict with governing federal law. This was particularly true regarding whether cumulative prejudice (the accumulation of prejudice from each distinct error of trial counsel) could warrant relief.

For years, although federal courts considered the accumulated impact of prior counsel’s errors in deciding whether the defendant suffered prejudice and was thus entitled to a new trial, Pennsylvania insisted otherwise. As the Pennsylvania Supreme Court most recently iterated, “This Court has repeatedly held that ‘no number of failed [ineffectiveness] claims may collectively warrant relief if they fail to do so individually.’”

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