Commonwealth v. Natividad

Chief Justice CAPPY

concurring.

I concur in the result of the majority opinion for the reasons set forth more fully in my concurring opinion in Commonwealth v. Marinelli, 589 Pa. 682, 910 A.2d 672, 689-90 (2006). As the majority points out, this case does not involve any “layered” claims of ineffectiveness. Thus, there is no need to consider the case law analyzing “layered” claims and the analysis in this case is controlled by Commonwealth v. Pierce, 515 Pa. 153, 527 A.2d 973 (1987). For this reason, I respectfully disassociate myself from the majority’s proffered alternative analyses. As I stated in Marinetti, “either Appellant has raised his claims in a manner sufficient for review under Pierce or they are waived.” 910 A.2d at 690.