Commonwealth v. Turner
- Decided
- July 27, 1988
- Docket
- 122 E.D. Appeal Docket 1987
- Status
- Published
- Jurisdiction
- Pennsylvania
Cited 4,184 timesNo negative treatment found in this library
What later courts said
- holding that PCRA counsel may file “no-merit” letter when counsel, in his professional judgment, determines that issues raised under PCRA are meritless — Com. v. Baker, K. (2025)
- clarifying that attorney who seeks to withdraw in collateral matters must present no-merit letter detailing nature and extent of his review and listing each issue petitioner wished to have raised, with counsel’s explanation of why those issues are meritless — Commonwealth v. Santiago (2009)
- setting forth the procedure for counsel to withdraw when the issues raised in a post-conviction proceeding are meritless — Commonwealth v. Basemore (2000)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION OF THE COURT FLAHERTY, Justice.
This case requires us to set forth the appropriate procedures for the withdrawal of court-appointed counsel in collateral attacks on criminal convictions. We deem it advisable to establish a procedure which is less cumbersome than that set forth in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981), which apply only in direct appeals from convictions. [*493] The appellant and cross-appellee, Geary Turner, was convicted of second-degree murder in a non-jury trial before Judge (now Madam Justice) Juanita Kidd Stout on September 13, 1974. He was sentenced to serve five to twenty years imprisonment. On direct appeal, his conviction was affirmed unanimously by this Court.
Commonwealth v. Turner, 469 Pa. 319, 365 A.2d 847 (1976). He subsequently petitioned for federal habeas corpus relief which was denied by the district court and affirmed by the United States Court of Appeals for the Third Circuit.
Cite this
Commonwealth v. Turner, 544 A.2d 927 (1988)Read the full opinion
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