Legal Opinion · Dissent

Commonwealth v. McNeil

Superior Court of Pennsylvania

Decided December 4, 1981No. 1510Published

1DissentSpaeth, Judge

I agree with the majority that a party challenging a guilty plea on appeal must ordinarily file a motion to withdraw the plea in the court in which it was entered. Commonwealth v. Dowling, 482 Pa. 608, 394 A.2d 488 (1978); Commonwealth v. Lee, 460 Pa. 324, 333 A.2d 749 (1975). However, it is settled that appellate review of a challenge to a guilty plea will be afforded where, as here, the challenge is that counsel’s ineffectiveness contributed to entry of the plea. Commonwealth v. Unger, 494 Pa. 592, 432 A.2d 146 (1980); Commonwealth v. Ford, 484 Pa. 163, 398 A.2d 995 (1979); Commonwealth v.…

2Cases cited11 opinions

  1. Commonwealth v. TwiggsSupreme Court of Pennsylvania · 1975
  2. Commonwealth v. LeeSupreme Court of Pennsylvania · 1975
  3. Commonwealth v. CottrellSupreme Court of Pennsylvania · 1969
  4. Commonwealth v. ConnollySupreme Court of Pennsylvania · 1978
  5. Commonwealth v. UngerSupreme Court of Pennsylvania · 1980

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