A blog of the Philadelphia Bar Association’s Criminal Justice Section


By Burt Rose

Click for Opinion

In Commonwealth v Smith, 2015 WL 4931579 (Pa Super 8/19/15), a Panel of the Superior Court confirmed that a claim of ineffective assistance of PCRA counsel is waived if it is not raised in a Response to a Notice of Dismissal sur Rule 907. Such a claim cannot be raised for the first time in the Rule 1925(b) Statement filed in support of an appeal from the dismissal of that PCRA petition.


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