Coleman filed a PCRA petition alleging trial counsel’s ineffectiveness for failing to object at two different times during Coleman’s murder trial. The PCRA court and Superior Court found that Coleman’s issues were not meritorious. The Supreme Court of PA disagreed, reversed, and remanded to the Superior Court. The Supreme Court ruled that counsel was ineffective … Read more
The Court determined that it was appellate counsel’s obligation to review the New Jersey Courts website material concerning contested adoptions and Part II of the Court Rules covering appeals. Alternatively, counsel could have retained substitute counsel with expertise in this area. If counsel was unable to obtain sufficient knowledge or retain counsel with expertise, counsel … Read more
#PCRA #IneffectiveAssistance 04/17/20- The Commonwealth appealed after the lower court granted Miller’s PCRA petition and awarded a new trial. The Superior Court reversed, ruling that Miller did not plead trial counsel’s ineffectiveness in the PCRA petition. Therefore, the PCRA court could not award relief based on ineffectiveness. Even if Miller had properly pleaded ineffective assistance, … Read more