Ute Indian Tribe of Uintah & Ouray Reservation v. Myton

How courts have described this case

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

• stating that where counsel files an amended PCRA petition, a petitioner’s “pro se claims [can]not be merely incorporated, and, in turn, are waived on appeal”
• finding waiver of issue raised on appeal that was raised in pro se PCRA petition but not in counseled amended petition
• requiring some showing that counsel’s advice was “not within the range of constitutionally competent advice”
• finding trial counsel provided effective assistance when she advised client to accept guilty plea instead of further pursuing previously filed suppression motion where she had reasonable strategic basis “designed to effectuate Appellant’s interests”
• finding trial counsel provided effective assistance when she advised client to accept guilty plea instead of further pursuing previously filed suppression motion where she had reasonable strategic basis “designed to effectuate Appellant’s interests”
• Any misapplication of the Sentencing Guidelines, including “prior record score,” constitutes a challenge to the discretionary aspects of sentence and is not cognizable under the PCRA.

Source: CourtListener parenthetical corpus (CC0).