Matt Sullivan wrote the brief, which earned a good result for the client in Commonwealth v. Greshan, where, in an unpublished memorandum, the Superior Court agreed the lower court erred in dismissing a PCRA petition.
The Superior Court remanded the case because the PCRA court misapplied the Strickland/Pierce prejudice test.
The Commonwealth appealed the trial, which granted Brown’s PCRA petition and ordered a new trial. The Superior Court determined that, with specific regard to the prejudice prong of a claim of ineffective assistance of counsel, Brown was prejudiced because he established it was reasonably probable that he would not have pleaded guilty had he known … Read more
The PCRA petitioner was represented by counsel during the PCRA proceedings in Common Pleas, but a new attorney entered before the Superior Court on appeal from the denial of that PCRA petition. The new counsel raised issues of ineffective assistance of prior PCRA counsel. The Superior Court detailed an often-conflicting body of law before holding … Read more
The Superior Court affirmed the trial court’s dismissal of Allison’s PCRA petition. The Court held that the petition failed to plead and prove the after-discovered evidence exception to the PCRA’s timing requirements.
Larkin appealed the dismissal of his PCRA petition. En banc, the Court first determined that, in contravention of the rule of Commonwealth v. Walker, Larkin included both dockets on his notice of appeal, it would not quash the appeal. The Court did not quash the appeal, because the order informing Larkin of his appellate rights provided … Read more
The defendant was convicted of first-degree murder in 1994. His most recent of many PCRA petitions was on appeal in the Superior Court when he filed a a petition seeking DNA testing of evidence under section 9543.1 of the Post Conviction Relief Act. The lower court dismissed that petition for two reasons. First, it dismissed … Read more
The defendant file a petition seeking collateral relief against his criminal convictions pursuant to the Post Conviction Relief Act. He claimed in his PCRA petition that his sentence to lifetime registration under Act 10. But he filed his PCRA petition about four years after his judgments of sentence became file. The Superior Court held that … Read more
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
Hromek appealed the denial of his challenge to the legality of his sentence via a “Petition for Enforcement of Plea Agreement.” The Superior Court deemed the Petition as a PCRA petition, and affirmed the denial because it was untimely. The Court noted that, while challenges to the legality of a sentence cannot be waived, they … Read more