Commonwealth v. Wiggins

In Commonwealth v. Wiggins, the Pennsylvania Superior Court rejected the defendant’s claim that he received ineffective assistance because trial counsel did not file a motion to dismiss pursuant to Rule 600. The defendant sought relief under the Post Conviction Relief Act (“PCRA”), See 42 Pa.C.S.A. §§ 9541-9546, claiming that trial counsel should have filed a Rule 600 motion because the defendant entered his guilty plea more than 365 days after the Commonwealth filed its criminal complaint. The most recent amendments to Rule place the onus on the Commonwealth at a motions hearing to prove that it was duly diligent in bringing the defendant to trial on time. But the Superior Court held that, in post-conviction proceedings, the burden is on the defendant to show the claim has arguable merit. Here, he did not do so.

Wiggins