The United States Supreme Court has established a new constitutional remedy—to challenge the results of a plea bargain that was accepted or rejected because of bad legal advice. In a pair of cases from Missouri and Michigan, a divided Supreme Court ruled that when a lawyer representing a criminal defendant acts incompetently when advising whether […]
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Pennsylvania Superior Court Banishes Ineffective Assistance of Counsel Claims to PCRA only
The Pennsylvania Superior Court has dramatically limited the manner of attacking criminal convictions for ineffective assistance of counsel. Whereas a clear cut case of ineffective assistance of counsel could previously be litigated on direct appeal (so long as a record had been made) even after Commonwealth v. Grant, it now must await PCRA review. This […]
