Commonwealth v. Dunbar

OPINION OF THE COURT

HUTCHINSON, Justice.

This matter is before us on the Commonwealth’s appeal by allowance from an order of Superior Court, 301 Pa.Super. 223, 447 A.2d 622, reversing a Philadelphia Court of Common Pleas order denying appellee Dunbar’s petition for post-conviction relief. Superior Court held trial counsel was ineffective for failing to file a motion to dismiss under Pa.R.Crim.P. 1100(f) 1 and discharged appellee. The Commonwealth argues that trial counsel cannot be deemed ineffective for failing to anticipate that our appellate courts would refuse to exclude delays resulting…