I was convicted by jury of a crime. I admitted my guilt at sentencing. I asked my attorney to file a direct appeal. He did not. I want to file a PCRA against my lawyer for not filing the direct appeal. Can I file a PCRA even though I admitted my guilt?
Under 42 Pa.C.S. sec. 9542, in the past, you could not file a PCRA if you admitted your guilt because there would be no way to benefit from an ineffectiveness claim. Therefore there was no way to to win a PCRA under this circumstance.
However, on November 20, 2009, the Superior Court overruled 9542 and held that a showing of innocence is no longer necessary in a PCRA claim. Commonwealth v. Haun, 2009 Pa Super 223.
Labels: 2009 Pa Super 223, Commonwealth v. Haun, pcra