Commonwealth v. Cooper

POPOVICH, Judge:

This is an appeal from the Order of the Court of Common Pleas of Fayette County denying appellant’s, Emmett Cooper’s, Post-Conviction Hearing Act (PCHA) petition. 19 P.S. § 1180-1 et seq., as amended; reenacted as 42 Pa.C. S.A. §§ 9541-9551. We reverse.

At the outset, this Court would like to note that the direction this case has followed can be attributed, in part, to appellant’s insistence that he be availed the opportunity to have his conviction reviewed, initially, within the context of the Post-Conviction Hearing Act vis-a-vis the post-verdict motion route. We believe this…