Commonwealth v. Hubbard

The majority states that even if appellate counsel establishes that post-trial counsel was ineffective because he failed to raise the ineffectiveness of trial counsel, the issue of trial counsel’s ineffectiveness is waived. I cannot agree. Where appellate counsel establishes that post-trial counsel was himself ineffective in failing to raise the ineffectiveness of trial counsel, the issue is not *287waived. Waiver cannot be imposed where a defendant has been denied effective assistance of counsel.

Nor can I agree that an evidentiary hearing is necessary in this case. During closing argument, the…