Commonwealth v. Hare

OPINION OF THE COURT

ROBERTS, Justice.

In this appeal from denial of relief under the Post Conviction Hearing Act,1 appellant, Lewis J. Hare, Jr., asserts that he should be permitted to withdraw his guilty plea to murder generally because counsel on direct appeal was ineffective for failing to raise as error that the trial court, prior to accepting appellant’s guilty plea, did not explain the nature of malice at the guilty plea colloquy. We agree, reverse the order of the PCHA court and'remand to afford appellant an opportunity to withdraw his plea.2

Appellant was indicted for the murder of…