Legal Opinion

Commonwealth, Aplt v. Descares

Supreme Court of Pennsylvania

Decided March 29, 2016No. 27 MAP 2015PublishedCited by 142 opinions

1Opinion of the Court

OPINION

Justice TODD.

In this discretionary appeal by the Commonwealth, we consider whether Appellee Claude Descardes was entitled to seek review of his ineffectiveness of counsel claim, based on counsel’s failure to advise him of the collateral consequences of his guilty plea, via a petition for writ of coram nobis.1 We conclude that he was not, and, accordingly, vacate the Superi- or Court’s judgment to the contrary and dismiss Appellee’s underlying petition for relief under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546.

In August 2006, Appellee, a Haitian national who held…

2Cases cited23 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. United States v. MorganSupreme Court of the United States · 1954
  3. Chaidez v. United StatesSupreme Court of the United States · 2013
  4. Commonwealth v. EdmundsSupreme Court of Pennsylvania · 1991
  5. Commonwealth v. RobinsonSupreme Court of Pennsylvania · 2003

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3Cited by142 opinions

  1. Com. of Pa. v. MontgomerySuperior Court of Pennsylvania · 2018
  2. Commonwealth v. McGarrySuperior Court of Pennsylvania · 2017
  3. Commonwealth v. Monjaras-AmayaSuperior Court of Pennsylvania · 2017
  4. Com. v. Hromek, R., Jr.Superior Court of Pennsylvania · 2020
  5. Com. v. Smith, S.Superior Court of Pennsylvania · 2020

137 more not listed; retrieve them via the Exa API.

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