Comm. v. Rega, R.G., Aplt. (Concurring Opinion)

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[J-155-2006] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : ROBERT GENE REGA, : : Appellant : : : : : Nos. 506 & 507 CAP Appeal from the Judgment of Sentence entered on June 21, 2002, in the Court of Common Pleas of Jefferson County at CP33-CR-0000026-2001 and CP-33-CR0000524-2001 ARGUED: December 5, 2006 CONCURRING OPINION MR. CHIEF JUSTICE CAPPY DECIDED: October 17, 2007 I join the majority opinion subject to similar concerns raised by Justice Castille in his concurring opinion regarding the scope of the Bomar1 exception to this court s decision in Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002). I agree with Justice Castille that we should examine more squarely the procedural question of whether and when criminal defendants ¦ should be afforded the post-verdict and direct appeal unitary review which occurred in Bomar. Concurring Opinion at 2 (Castille, J.). My fear is that continued employment of the Bomar exception will eventually swallow the rule we announced in Grant governing the presentation of ineffectiveness claims. 1 Commonwealth v. Bomar, 826 A.2d 831 (Pa. 2003).

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