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

seal_color

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.

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Tag Cloud

%d bloggers like this: