SUPERIOR COURT OF PENNSYLVANIA REVERSES NORTHUMBERLAND COUNTY JUDGE’S ORDER DISMISSING PCRA PETITION

The defendant was charged with and convicted of rape and related offenses in connection with the alleged sexual abuse of his daughter. Following an unsuccessful direct appeal, the defendant retained Attorney Noel to pursue relief under Pennsylvania’s Post Conviction Relief Act.

Attorney Noel filed a robust PCRA Petition alleging numerous claims involving the ineffective assistance of trial counsel. Upon receipt of the Petition, the PCRA Court scheduled an evidentiary hearing on each of the defendant’s claims. But, months later, the PCRA Court entered an order dismissing the Petition without explanation. Attorney Noel took immediate action, arguing to the PCRA Court that its action was without any support and in direct violation of the established Rules of Criminal Procedure governing the disposition of PCRA Petitions. The PCRA Court failed to act on this argument and Attorney Noel was forced to take an appeal on behalf of her client.

The Superior Court quickly reversed the PCRA Court and remanded for further proceedings, finding that the PCRA Court violated numerous Rules of Criminal Procedure.