FAYETTE COUNTY COURT GRANTS POST-CONVICTION RELIEF, REINSTATES RIGHT TO PURSUE DIRECT APPEAL

Following a sentencing hearing where the trial court imposed a sentence of over 20 to 40 years, private counsel withdrew as counsel of record and requested the appointment of court appointed counsel to represent the client on appeal. The trial court granted counsel’s motion to withdraw and appointed the Fayette County Office of the Public Defender. An attorney from that office was assigned, but failed to take any action to protect the client’s constitutional right to appeal and, unfortunately, allowed the statutory timeframe within which to file a direct appeal lapse.

Attorney Noel was contacted several months later, and promptly filed a petition under Pennsylvania’s Post Conviction Relief to reinstate her client’s right to directly appeal his judgment of sentence. Attorney Noel alleged that counsel was per se ineffective for failing to perfect the client’s direct appeal and obtained a signed affidavit from prior counsel admitting his obvious failures.

Just one day after Attorney Noel filed her client’s Petition, the trial court granted her client relief and reinstated his right to pursue a direct appeal.