PCRA Petition • Ineffective Assistance of Counsel • Insanity Defense • Guilty but Mentally Ill

Commonwealth v. Andrews, PICS Case No. 17-0571 (Pa. Super. April 7, 2017) Solano, J. (13 pages).

PCRA court erred in dismissing appellant’s petition, alleging ineffective assistance of counsel based on counsel’s failure to advise him to plead guilty but mentally ill, because appellant did not assert an insanity defense since a defendant did not need to assert an insanity defense before entering a plea of guilty but mentally ill. Order vacated.