(DOWNLOAD) "Commonwealth v. Eller" by Pennsylvania Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Eller
- Author : Pennsylvania Supreme Court
- Release Date : January 25, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The issue on this appeal is whether the Superior Court erred in applying Commonwealth v. Lantzy, 736 A.2d 564 (Pa. 1999), a decision in which this Court unanimously held that the Post Conviction Relief Act (PCRA), 42 Pa.C.S. 9541 et seq., "provides the exclusive remedy for post-conviction claims seeking restoration of appellate rights due to counsels failure to perfect a direct appeal," id. at 569-70, in a situation where appellant forwarded just such a claim, outside the framework of the PCRA and after the PCRA filing deadline expired, but before the decision in Lantzy was filed. Appellant argues that Lantzy established a new rule of procedure that cannot be applied "retroactively" to a case such as his and, thus, he is entitled to pursue an extra-PCRA remedy. For the reasons that follow, we hold that the Superior Court properly applied both the provisions of the PCRA and Lantzy, a decision which followed those provisions, in holding that appellant was not entitled to pursue reinstatement of his appellate rights nunc pro tunc outside the PCRA. Accordingly, we affirm.
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