Commonwealth v. Shaw

In Commonwealth v. Shaw, the Pennsylvania Supreme Court dealt with the time and manner in which a defendant can raise a claim of ineffective assistance of counsel during post-conviction proceedings pursuant to the Post Conviction Relief Act. Here, after post-conviction relief was denied, PCRA counsel filed a notice of appeal but failed to include in his statement of matters complained of on appeal the sole issue on which an evidentiary hearing had been granted. New counsel represented the defendant for the appeal and raised the PCRA counsel’s ineffectiveness for failing to include the issue. The Supreme Court held that the claim of ineffective assistance was not waived, and the court permitted review of the “claim of deficient stewardship on the part of appellate post-conviction counsel for failing to raise and preserve a claim that was pursued before the PCRA court to be raised on direct appeal.”

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