Pennsylvania v. Delgros (majority)Annotate this Case
The Pennsylvania Supreme Court granted allowance of appeal to determine whether a defendant, who was ineligible for statutory collateral review because he was sentenced to pay a fine without incarceration or probation, could obtain review of ineffective assistance of counsel claims presented in post-sentence motions filed with the trial court. The lower courts held that Appellant Edward Delgros could not obtain review because he failed to satisfy any of the exceptions to the Supreme Court’s general rule deferring such claims to collateral review under the Post Conviction Relief Act (“PCRA”). The Pennsylvania Supreme Court adopted a new exception to the general deferral rule: requiring trial courts to examine ineffectiveness claims when the defendant is ineligible for PCRA review. Accordingly, the Court vacated the Superior Court’s judgment and remanded to the trial court for consideration of Appellant’s postsentence claims of ineffective assistance of counsel.