Post-Conviction Relief • Ineffective Assistance of Appellate Counsel • Abandoning Preserved Issues in Favor of Unpreserved Issues in Brief
Commonwealth v. Rosado, PICS Case No. 16-1440 (Pa. Nov. 22, 2016) Todd, J. (19 pages).
Appellate counsel’s decision to abandon all preserved appellate issues to argue an unpreserved issue in the brief constituted per se ineffectiveness because filing a brief advancing an unpreserved issue was functionally equivalent to filing no brief at all. Judgment of sentence vacated, case remanded.
