In a habeas petition, the defendant claimed that he was entitled to an evidentiary hearing to determine whether his trial counsel was ineffective for preventing him from testifying. A jury convicted the defendant of drug crimes for acts he committed while on parole. It was undisputed that he fled from parole. He claimed he did … Read more
In Tyson v Superintendent Houtzdale SCI, the 3rd Circuit held that a criminal defendant’s trial counsel rendered ineffective assistance by failing to object to the trial court’s jury instruction. The trial court incorrectly instructed the jury that an accomplice to first-degree murder must only act to promote or facilitate the commission of a crime to … Read more
In Commonwealth v. Epps, the Superior Court revisited a newsworthy Philadelphia murderer who has collaterally attacked his convictions. Here, the Superior Court denied relief, finding the myriad claims of ineffective assistance of trial counsel lacked merit.
In Commonwealth v. Webb, the Superior Court confronted an appeal from the denial of a PCRA petition. The Court held that the petitioner could not establish ineffective assistance of counsel where trial counsel voluntarily brought up the petitioner’s low-level drug dealing. Furthermore, the Court found that a witness gave detailed testimony, which could prove murder, … Read more
In State v. Aburoumi, which involved a collateral attack on a criminal conviction, the Appellate Division ruled that an evidentiary hearing was needed where the defendant claimed he was not informed of the immigration consequences of his plea-into-PTI plea bargain, though the law was clear that such a plea would lead to removal.
In Commonwealth v. Vo, the PCRA petitioner was represented by counsel during the proceedings in the lower court, but a new attorney entered in the appeal of the denial of the PCRA petition. The new counsel raised issues of ineffective assistance of prior PCRA counsel. The Superior Court detailed an often-conflicting body of law and … Read more