Marsalis v. Pa. Dep't of Corr.
The Third Circuit affirmed the dismissal of the defendant's habeas corpus petition. The Court ruled that the defendant "filed his ineffective-assistance claim ten months late. Plus, he failed to assert it on state habeas first." And even if the Court "looked past these mistakes, his conviction would stand; the jury…
The Third Circuit affirmed the dismissal of the defendant’s habeas corpus petition. The Court ruled that the defendant “filed his ineffective-assistance claim ten months late. Plus, he failed to assert it on state habeas first.” And even if the Court “looked past these mistakes, his conviction would stand; the jury would have convicted him even… Continue reading Marsalis v. Pa. Dep’t of Corr.
The Third Circuit vacated the Board of Immigration Appeals (BIA) order declining to reopen the petitioner’s case. Petitioner paid an attorney to represent him in removal proceedings. His requests for relief from deportation were denied after the attorney “failed to present important and easily available evidence going to the heart of the claims.” Petitioner retained… Continue reading Ford v. Att’y Gen.
The Pennsylvania Superior Court reversed the Court of Common Pleas order that granted the defendant’s second PCRA petition. The defendant tried to sidestep the PCRA’s time bar with a newly-discovered evidence argument. He claimed that his initial PCRA counsel failed to assert non-frivolous claims or, in the alternative, argued only frivolous claims. The Court disagreed,… Continue reading Commonwealth v. Hipps
The Pennsylvania Superior Court affirmed the dismissal of the defendant’s PCRA petition, which claimed the ineffectiveness of trial and appellate counsels. First, the defendant alleged that appellate counsel was ineffective for failing to appeal the trial court’s decision to allow the Commonwealth to introduce into evidence prison visitation logs. Second, the defendant asserted that appellate… Continue reading Commonwealth v. Wilson
The Pennsylvania Superior Court ruled that plea counsel was not ineffective. The petitioner, a citizen of India, pleaded guilty to possession with the intent to distribute. Two weeks later, the U.S. government initiated deportation proceedings. The petitioner filed a PCRA petition and alleged that plea counsel was ineffective for not requesting a translator and advising… Continue reading Commonwealth v. Thomas
The Pennsylvania Superior Court reversed the lower court and granted the defendant’s PCRA petition. A jury convicted the defendant of three counts of solicitation to commit homicide. After his convictions were affirmed, the defendant filed a PCRA petition and alleged trial counsel’s ineffectiveness. The petition asserted that trial counsel provided erroneous advice concerning his prior convictions,… Continue reading Commonwealth v. Washington
The Pennsylvania Superior Court dealt with what will surely become a common issue in light of Commonwealth v. Bradley: claims of ineffective assistance of counsel raised for the first time on appeal. Here, the Superior Court affirmed the denial of post-conviction relief. The case’s procedural posture is more noteworthy than the substance of any particular… Continue reading Commonwealth v. Crumbley
The defendant appealed the dismissal of his PCRA petition. He argued trial counsel was ineffective for failing to properly file motions for reconsideration of the VOP sentences. In an unpublished decision, the Pennsylvania Superior Court agreed with the defendant, vacated the order, and remanded. See Commonwealth v. Greshan, 2020 WL 4391505 (Pa. Super. Ct. 2020).
The Pennsylvania Superior Court affirmed an order denying the defendant’s PCRA petition wherein he made numerous allegations of ineffective assistance of counsel. And in doing so, the Court gave a poignant reminder of the importance of quality legal research and writing. A jury found the defendant guilty of shooting someone. The defendant filed a PCRA… Continue reading Commonwealth v. Bishop
To avoid the Pennsylvania Supreme Court’s “frustration” with Appellant’s brief, counsel should have hired the ghostwriting pros at Sullivan | Simon. This was a direct appeal from an order dismissing a PCRA petition. Appellant, who is sentenced to death for the murders of his girlfriend and her child, presented the Court with a host of… Continue reading Commonwealth v. Reid