Commonwealth v. Liston

OPINION BY

FORD ELLIOTT, P.J.:

¶ 1 We determined this case should be considered by the court sitting en banc, to decide what procedure the trial court should follow when faced with a PCRA 1 petition requesting restoration of the petitioner’s appellate rights nunc pro tunc, and also making “other” claims of trial counsel ineffectiveness. We hold that where, as in the case sub judice, the court, on collateral review, grants the petitioner the right to appeal nunc pro tunc, it shall additionally grant the filing of post-sentence motions nunc pro tunc. This will enable the court to establish a…