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· 3/13/1989

Commonwealth v. Ciotto

Citations

  • 555 A.2d 930
  • 382 Pa. Super. 458
  • 1989 Pa. Super. LEXIS 824

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • the court found that failure of trial counsel to file brief in support of post verdict motions “effectively denied [defendant’s] right to a direct appeal[.]”
  • “dismissal of post-verdict motions on the basis of a procedural default in a criminal case, like a similar dismissal of a criminal appeal, improperly places the entire burden of counsel’s errors on the powerless” criminal defendant.
  • “dismissal of post-verdict motions on the basis of a procedural default in a criminal case, like a similar dismissal of a criminal appeal, improperly places the entire burden of counsel’s errors on the powerless” criminal defendant.
  • “dismissal of post-verdict motions on the basis of a procedural default in a criminal case, like a similar dismissal of a criminal appeal, improperly places the entire burden of counsel’s errors on the powerless” criminal defendant.
  • when a defendant establishes that counsel’s ineffective assistance denied him entirely his right to a direct appeal, he is entitled to a direct appeal nunc pro tunc without regard to his ability to establish the merit of the issues which he seeks to raise on direct appeal
  • failure to file briefs constitutes per se ineffectiveness

Source: CourtListener parenthetical corpus (CC0).

Judges: Olszewski, Sole, Kelly

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.