Commonwealth v. Bath

OPINION BY

JOHNSON, J.:

¶ 1 In this appeal, we consider whether the failure of counsel to consult with a defendant concerning whether to file a petition for allowance of appeal to the Supreme Court of Pennsylvania constitutes ineffective assistance of counsel per se. In Commonwealth v. Liebel, 573 Pa. 375, 825 A.2d 630, 635 (2003), our Supreme Court determined that the failure of counsel to seek allowance of appeal constitutes ineffectiveness where the defendant requested counsel to file such a petition and counsel disregarded his request. The Court in Liebel did not address whether…