A criminal defendant who has been granted the right to file a notice of appeal nunc pro tunc is not automatically entitled to the right to file post-sentence motions nunc pro tunc, the state Supreme Court has ruled.
August 20, 2009 at 12:00 AM
1 minute read
A criminal defendant who has been granted the right to file a notice of appeal nunc pro tunc is not automatically entitled to file post-sentence motions nunc pro tunc, the state Supreme Court has ruled.
The justices said the Superior Court in Commonwealth v. Liston was wrong in ruling that when a Post Conviction Relief Act, or PCRA, court grants a defendant’s right to file a direct appeal, the court must also permit the defendant to file post-sentence motions.
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