Search:
Weekly Caselaw Updates

Sign up here to receive a weekly email with summaries of every precedential case out of the Third Circuit and the appellate courts in Pennsylvania and New Jersey. No fluff. No filler. No fee.

Commonwealth v. Shaw

Pennsylvania Supreme Court

March 25, 2021

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.”

Scroll down to read the court's full opinion
IF YOU HAVE ANY OF THESE

Heavy Workload

Heavy Workload

 Vacation

Vacation

 Other<br />Personal<br />Commitments

Other
Personal
Commitments

Hiring Attorney Contact Us
Sullivan Simon
Attorneys with 20+ years of litigation experience.

requests basic information
about case
Within 24 hours,

flat-fee quote

Delivers Final
Product
  • On Time
  • On Budget
  • Ready to File