Commonwealth v. Bradley

In a landmark decision, the Pennsylvania Supreme Court held “that a PCRA petitioner may, after a PCRA court denies relief, and after obtaining new counsel or acting pro se, raise claims of PCRA counsel’s ineffectiveness at the first opportunity to do so, even if on appeal”. The Court found that the current Pa.R.Crim.P. 907 procedure for preserving claims of PCRA counsel ineffectiveness in all circumstances was “pure dicta and deeply flawed”. The Court ruled that the process is “so obviously unworkable that it should finally be put to rest”. Thus, the Court abandoned the current method as the sole procedure for challenging PCRA counsel’s effectiveness.

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