Commonwealth v. Conley

Opinion by

Price, J.,

This appeal follows the dismissal of a Post Conviction Hearing Act (PCHA) petition without a hearing. The petition alleged that appellant’s court-appointed counsel failed to notify him of the denial of post-trial motions in time to enable a direct appeal, 1 and that exculpatory evidence not available at the time of trial subsequently became available.

With regard to appellant’s allegation of ineffective assistance of counsel, it is well settled law in Pennsylvania that “[i]f a petition alleges facts that if proven would entitle the petitioner to relief, the court shall…