PACDL Files Amicus Brief in Commonwealth v. Parrish
On March 11, PACDL filed an amicus brief arguing that Rule 1925(b) that requires a finding of waiver where a timely, but flawed, 1925(b) statement is filed, is harsh and unnecessary for full appellate review of otherwise preserved issues. The brief also argued that appellate counsel's filing of a "vague rule 1925(b) statement that fails to specify any particular claim" constitutes ineffective assistance of counsel per se. Finally, the brief suggests that an appellant whose counsel has filed a statement that preserves no issues for appeal must receive nunc pro tunc reinstatement of all appellate rights. Thank you to Ellen Brotman, the main drafter of the brief and other members of PACDL's Amicus Committee for their input.