(DOWNLOAD) "Commonwealth v. Hall" by The Supreme Court of Pennsylvania Middle District " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Hall
- Author : The Supreme Court of Pennsylvania Middle District
- Release Date : January 22, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[J-102-2000] SUBMITTED: July 11, 2000 OPINION This Court granted review to determine whether a criminal defendant who failed to file a direct appeal from his judgment of sentence and thereafter failed to timely avail himself of the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541 et seq., to attempt to secure restoration of his waived direct appeal, may obtain collateral relief in the form of reinstatement of his direct appeal rights nunc pro tunc outside the requirements of the PCRA. Both the trial court and the Superior Court held that such an extra-PCRA remedy was proper. In light of the plain language of the PCRA, as well as this Court's PCRA jurisprudence culminating most recently in Commonwealth v. Lantzy, 558 Pa. 214, 736 A.2d 564 (1999), that holding is plainly erroneous. The PCRA was available to appellee and it is the exclusive vehicle for claims, such as the nunc pro tunc appeal claim he raised, that are cognizable under the PCRA.