Commonwealth v. Descardes

CONCURRING AND DISSENTING OPINION BY

BOWES, J.:

Ultimately, I agree with the learned majority that Appellee is not entitled to withdraw his plea, whether it be under the PCRA statute or the ancient common law writ of error coram nobis. I dissent, however, from the majority’s conclusion that Appellee properly invoked coram nobis to achieve review of his untimely ineffective assistance of counsel claim. In my view, the majority fails to appreciate the interplay between PCRA review and coram nobis under the unusual circumstances of this case, and confuses ineligibility for relief under the PCRA…