concurring.
I join the Majority in all respects save for its conclusion that Appellant’s claim of ineffective assistance of counsel for failing to object to the admissibility of Robles’ testimony was previously litigated. Maj. Op. at pp. 595-98, 886 A.2d at pp. 1131— 32.
In my view, this issue was not previously litigated in accord with this court’s jurisprudence. “An issue has been previously litigated if ‘the highest appellate court in which the petitioner could have had review as a matter of right has ruled on the merits of the issue.’ ” Commonwealth v. Robinson, 583 Pa. 358, 877 A.2d 433, 438 (2005), quoting 42 Pa.C.S. § 9544(a)(2) (emphasis supplied). The pertinent passage from our decision in the direct appeal bears repeating:
On appeal, Appellant objects to the admission of testimony by Commonwealth witness George Robles (Robles). Appellant claims that it was error to permit Robles to testify to additional matters not contained in discovery material. Specifically, Appellant claims that prior to the offer of proof made on January 29, 1998, immediately preceding Robles’ testimony, Robles had told no one that he saw the Appellant pull a black Glock 9 mm. handgun from his waistband on December 8, 1996 and waive it around Robles’ house. No abuse of discretion occurred in this matter because, after the offer of proof, Appellant made no objection to the admissibility of this evidence. Moreover, Appellant has established no prejudice arising from the admission of the evidence and we likewise see none. Finally, we note that defense counsel fully cross-examined Robles regarding new allegations by Robles, extensively exploring the issue of recent fabrication on the part of Robles.
Commonwealth v. Bridges, 563 Pa. 1, 757 A.2d 859, 874 (2000).
The Majority concludes that the issue was previously litigated because, on direct appeal, this court determined that not only had the issue been waived, but also that Robles’ testimony was admissible because Appellant suffered no prejudice from its admission. (Maj. Op. at pp. 596-98, 886 A.2d at p. 1132). Contrary to the Majority, I do not believe that our *601opinion on direct appeal ruled on the merits of whether Robles’ testimony was admissible.1 I, therefore, disagree that the issue was previously litigated.
My differences with the Majority’s approach, however, do not operate to revive Appellant’s ineffectiveness claim. A review of the Amended PCRA petition reveals that Appellant waived his claim for failing to develop it in conformance with our well-established precedent. See e.g., Commonwealth v. Pierce, 515 Pa. 153, 527 A.2d 973 (1987) (requiring a PCRA petitioner to demonstrate all three prongs of the ineffectiveness test).
Justice NIGRO joins this concurring opinion.. The PCRA court below noted in its opinion, "[h]owever, because counsel did not object to the testimony, the PA Supreme Court did not reach the merits of the issue, but did find the defendant was not prejudiced by the admission of the evidence.” PCRA Ct. Op. at p. 5, n. 2.