Commonwealth v. Gilbert

HESTER, Judge:

Appellant, Isaac Kim Gilbert, appeals the December 18, 1990 denial of his petition filed under the provisions of the Post-Conviction Relief Act. The issue presented is whether a post-conviction petitioner must automatically be granted the right to petition the Supreme Court for allowance of appeal nunc pro tunc from our prior affirmance of his criminal conviction on direct appeal, regardless of the merits of the issue foregone by direct appeal counsel. We conclude that a defendant does not automatically have that right and affirm the decision of the PCRA court, which denied…