Legal Opinion

Commonwealth v. Bennett

Supreme Court of Pennsylvania

Decided August 23, 2007No. 6 EAP 2005PublishedCited by 1,051 opinions

1Opinion of the Court

OPINION

Chief Justice GAPPY.

The issue before the Court is whether Appellant is entitled to reinstatement of his Post Conviction Relief Act (“PCRA”)1 appeal rights nunc pro tunc in a second PCRA petition, filed more than one year after the date his judgment of sentence became final, when his original PCRA appeal was dismissed because of PCRA counsel’s failure to file a brief. The Superi- or Court quashed Appellant’s appeal as untimely. For the following reasons, the order of the Superior Court is vacated *386and this matter is remanded to the PCRA court for further proceedings consistent with this…

2Cases cited41 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Penson v. OhioSupreme Court of the United States · 1988
  3. United States v. CronicSupreme Court of the United States · 1984
  4. Fay v. NoiaSupreme Court of the United States · 1963
  5. Pennsylvania v. FinleySupreme Court of the United States · 1987

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3Cited by1,051 opinions

  1. Commonwealth v. BrownSuperior Court of Pennsylvania · 2015
  2. Commonwealth v. KoehlerSupreme Court of Pennsylvania · 2012
  3. Commonwealth v. MarshallSupreme Court of Pennsylvania · 2008
  4. Commonwealth v. Abu-JamalSupreme Court of Pennsylvania · 2008
  5. Commonwealth v. MonacoSuperior Court of Pennsylvania · 2010

1,046 more not listed; retrieve them via the Exa API.

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