Legal Opinion

Commonwealth v. Rosado, F., Aplt

Supreme Court of Pennsylvania

Decided November 22, 2016No. 92 MAP 2015PublishedCited by 8 opinions

1Opinion of the Court

OPINION

JUSTICE TODD

In this appeal, we consider whether filing an appellate brief which abandons all preserved issues in favor of unpreserved ones constitutes ineffective assistance of counsel per se.1 After careful review, we hold that it does, and so we vacate the Superior Court’s order and remand to that court for further proceedings.

The factual and procedural history of this matter is straightforward. In 2012, Appellant Frankie Rosado was accused of sexually abusing his former girlfriend’s teenage daughter, whereupon he was charged with one count each of indecent assault, corruption of…

2Cases cited25 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. CronicSupreme Court of the United States · 1984
  3. McMann v. RichardsonSupreme Court of the United States · 1970
  4. Bell v. ConeSupreme Court of the United States · 2002
  5. Argersinger v. HamlinSupreme Court of the United States · 1972

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3Cited by8 opinions

  1. Commonwealth v. PetersonSupreme Court of Pennsylvania · 2018
  2. Commonwealth v. PostieSuperior Court of Pennsylvania · 2018
  3. Com. v. Davis, G.Superior Court of Pennsylvania · 2021
  4. State v. AssadNebraska Supreme Court · 2020
  5. Com. v. Berrien, R.Superior Court of Pennsylvania · 2022

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