Legal Opinion · Concurring in part, dissenting in part

Commonwealth v. Rauser

Supreme Court of Pennsylvania

Decided October 20, 1987No. 677Published

1Concurring in part, dissenting in partMcEWEN, Judge

While I concur in the ruling of the majority which affirms the order denying relief, and permits counsel to withdraw, I am, nonetheless, compelled to most respectfully dissent from the decision to alter the procedures which counsel must employ when appointed to represent indigent defendants in proceedings pursuant to the Post Conviction Hearing Act, 42 Pa.C.S. §§ 9541-9551. The dilemma presented by frivolous collateral attacks upon convictions is a troublesome situation made perplexing by the scrupulous commitment of our legislature and courts to prevent injustice. Any and every method…

2Cases cited15 opinions

  1. Commonwealth v. McClendonSupreme Court of Pennsylvania · 1981
  2. Commonwealth v. BakerSupreme Court of Pennsylvania · 1968
  3. Commonwealth v. GreerSupreme Court of Pennsylvania · 1974
  4. Commonwealth v. FieroSupreme Court of Pennsylvania · 1975
  5. Commonwealth v. MitchellSupreme Court of Pennsylvania · 1967

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