For the Defense - Vol. 4, Issue 2 - 26

Commonwealth v. Parrish, 733 CAP, Amicus
filed March 12, 2019.
Nature of the Case: PACDL was invited by the
Court to provide its perspective and input on
the "appropriate scope of Commonwealth
v. Castillo, 888 A.2d 775 (Pa. 2005)." Castillo
purports to provide a bright-line rule prohibiting
appellate review of any issue that was not raised
in a 1925(b) statement. In the present case, a
wholly defective 1925(b) Statement was filed,
and the application of Rule 1925(b) resulted in
a waiver of all issues, ultimately depriving the
Court of the ability to determine whether a
sentence of death was imposed only after a trial
in which all issues were fully litigated, and in
which the appellant received effective assistance
of counsel.
PACDL Amicus Argument:
A. The provisions of Rule 1925(b) require the
finding of waiver where a timely, but flawed,
1925(b) statement is filed, a result which
is harsh and unnecessary for full appellate
review of otherwise preserved issues.
B. The Court should suspend the application
of Pa. R.A.P. 1925(b) to criminal appeals
and refer the rule to the Appellate Rules
Committee for appropriate amendment.
C. 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.

D. An appellant whose counsel has filed
a statement that preserves no issues
for appeal must receive nunc pro tunc
reinstatement of all appellate rights.
Status: Pending
Authors: Ellen C. Brotman, Esq. and Henry M.
Sias, Esq.

Cases Previously Reported that are
Still Pending
Listed below are pending cases previously
reported in which PACDL has submitted an
Amicus brief. For the nature of the case and
the issues presented by Amici, see the prior
issues of PACDL's For The Defense.
Pennsylvania Supreme Court
Commonwealth v. Braddock, 73 MAP
2017, Amicus filed March 15, 2018 (Defender
Association of Philadelphia and PACDL Joint
Amicus).
Commonwealth v. Bell, 11 MAP 2018,
Amicus filed: June 13, 2018 (Defender
Association of Philadelphia and PACDL Joint
Amicus).
Commonwealth v. King, 13 EAP 2018,
Amicus filed October 11, 2018.

PANTONE

2955C

7406C
CMYK

90/78/39/30

9/22/91/0

RGB

22/58/92

About the Author

234/194/56

HEXIDECIMAL

#153A5B

#EAC137

Andrea Hayes graduated from the Dickinson School of Law in 2009. Upon her
graduation, she was selected as a National Member of The Order of Barristers.
Presently, Attorney Haynes is a Senior Deputy Public Defender with the Dauphin
County Public Defender's Office, where she has been employed since 2011.
Attorney Haynes' practice focuses on criminal defense and appellate practice. She
has argued before the Superior and Supreme Courts of Pennsylvania. Attorney
Haynes is currently the co-chair of the PACDL Amicus Committee.

Share this article
26

For The Defense

l

Vol. 4, Issue 2
https://www.nxtbook.com/fx/archives/view.php?id=bded94b8f26fdc31c119d99e76ed661e
For the Defense - Vol. 4, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 2
