Commonwealth v. Tomski
Commonwealth v. Tomski
Dissenting Opinion
Spaulding, J.:
I respectfully dissent. The docket in this appeal from the dismissal without hearing of a petition under the Post Conviction Hearing Act indicates that counsel has been appointed to represent the appellant in this Court. However, the only brief submitted on his behalf is a xerox copy of appellant’s handwritten brief.
By statute and rule, appellant is entitled to the assistance of counsel in an appeal from the denial of
If appointed counsel believes that his- client does not have grounds for relief on appeal, he ihay petition this Court to withdraw from the appeal. If he does so, he must present to the Court a brief referring to anything in the record which might arguably support the appeal. Commonwealth v. Baker, 429 Pa. 209, 239 A. 2d 201 (1968). However, if counsel does not withdraw he must act as an advocate for his client. This requires, that he present to the Court the arguments on behalf of his client.
Post Conviction Hearing Act, 19 P.S. §1180-12; Commonwealth v. Walters, 431 Pa. 74, 244 A. 2d 757 (1968); Pa. R. Crimi. P. 1503 and 1504.
Counsel is not required to present to the Court every conceivable argument s0ggested by his client and, as a matter of strategy, may elect to present only those arguments which he believes may possibly be successful.
Opinion of the Court
Opinion
Per Curiam,
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.