Little appealed the order denying his PCRA petition in which he alleged trial counsel was ineffective for failing to preserve an issue for direct appeal relating to a restriction on questioning of a defense witness. After the PCRA court denied a new trial on the ineffectiveness claim, Little appealed. A panel of the Superior Court … Read more
In State v. Gideon, a jury convicted the defendant of aggravated manslaughter and related charges. Five years later, the defendant filed a PCR petition and alleged trial counsel was ineffective for failing to investigate and call his girlfriend and mother as alibi witnesses. The PCR court dismissed the petition. Relying in large part on State … Read more
In Commonwealth v. Hawkins, the defendant filed a PCRA petition, alleging that his trial counsel was ineffective for failing to file a suppression motion. After an evidentiary hearing, the PCRA court dismissed the petition. The Superior Court first noted that because he had the burden of persuasion and production during the evidentiary hearing, the defendant … Read more
The matter of In re D.G. involved a mother’s appeal from the Orphan’s Court order terminating her parental rights. The case is a companion of sorts to In re D.N.G., 230 A.3d 361 (Pa. Super. Ct. 2020) because D.N.G. and D.G. are siblings. The same attorney was appointed to represent each child’s legal interests, pursuant … 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. Little, the Superior Court held that the defendant’s trial counsel was ineffective for not objecting to the judge’s ruling on an evidentiary issue and, thus, failing to preserve the issue for direct appellate review. Under a strict interpretation of the case law concerning the prejudice prong for a claim of ineffective assistance, counsel’s … Read more
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
Matt Sullivan wrote the brief, which earned a good result for the client in Commonwealth v. Greshan, where, in an unpublished memorandum, the Superior Court agreed the lower court erred in dismissing a PCRA petition.
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.