Commonwealth v. Ellison

¶ 1 This case returns to us on remand from the Supreme Court of Pennsylvania for reconsideration of our order affirming the dismissal of Marcus Ellison’s petition under the Post-Conviction Relief Act (PCRA).1 Ellison claimed his prior appellate counsel was ineffective for failing to file a petition for allowance of appeal (PAA) in the Supreme Court following our affirmance of his judgment of sentence. We concluded that this claim lacked merit because,- under the law existing at the time, Ellison failed to prove that the Supreme Court likely would have granted his PAA had it been filed.

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