45 Duq. L. Rev. [i] (2006-2007)

handle is hein.journals/duqu45 and id is 1 raw text is: Duquesne Law Review
Volume 45, Number 1, Fall 2006
© DUQUESNE UNIVERSITY, 2006-2007
THE PENNSYLVANIA ISSUE
Article
THE RIGHT TO ARGUE THAT TRIAL COUNSEL
WAS CONSTITUTIONALLY INEFFECTIVE
K irk  J  H enderson .........................................................................  1
A person accused of a crime has a right to the effec-
tive assistance of trial counsel. When that right is
violated, defendants seek relief by arguing that their
attorney was ineffective. This article addresses a situ-
ation in which a class of defendants is deprived of any
opportunity to ever argue that trial counsel was inef-
fective. In Pennsylvania, ineffectiveness claims gen-
erally must be deferred to the post-conviction stage
of a case instead of being litigated during the direct
appeal. To be eligible for post-conviction relief, how-
ever, a defendant must be serving a sentence when
the court issues a ruling. For those defendants with
too short of a sentence to litigate a post-conviction
petition, there is no way to argue that trial counsel
was ineffective. This means that a defendant may
have been convicted solely because of trial counsel's
ineffectiveness, but yet has no way to remedy this
constitutional error.
Comments
ANALYZING A MUNICIPALITYS AUTHORITY
TO ENACT THE MODEL ORDINANCE FOR
WIND ENERGY FACILITIES IN PENNSYLVANIA
M ark  K   D ausch .........................................................................  47

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