Commonwealth v. Brady

KELLY, J.:

¶ 1 In this appeal, we must determine whether Appellant, Duane Brady, is entitled to relief pursuant to the Post Conviction Relief Act. 1 Specifically, we must decide whether Appellant is entitled to a new trial on the basis of trial/appellate counsel’s ineffectiveness in failing to address issues related to the admission of a co-defendant’s statement inculpating Appellant in the crimes charged. We hold that counsel rendered ineffective assistance when he permitted the statement inculpating Appellant to be admitted at trial without objection or request for a cautionary instruction.…