Pennsylvania v. Rizor (majority)
Annotate this CaseDefendant-appellant Jessica Rizor petitioned for post conviction relief, arguing her trial counsel provided inadequate advice with regard to a plea offer. According to Rizor, her trial counsel’s inadequate advice led her to proceed to a trial - where her life sentence was all but assured - in lieu of accepting a plea offer that would have resulted in a five and a half to thirty-year sentence. The Superior Court agreed and reversed the PCRA court order denying relief and remanded “for a new trial or entry of a plea.” The Commonwealth petitioned for the Pennsylvania Supreme Court's review, arguing that the PCRA court correctly denied relief and that the Superior Court’s decision rested on a faulty foundation which assumed that trial counsel provided ineffective assistance rather than presuming the opposite. The Commonwealth further believed the Superior Court improperly ignored the PCRA court’s credibility determinations. After review, the Supreme Court agreed with the Commonwealth, finding that the Superior Court erred in reversing the PCRA court order denying relief where Rizor failed to establish a reasonable probability that but for counsel’s alleged deficient advice, she would have accepted the plea deal. The Superior Court's judgment was vacated and the case remanded to address Rizor's remaining challenges.
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