COMMONWEALTH v. McFALL, 436 Pa. 329 (1969)

257 A.2d 847

Commonwealth v. McFall, Petitioner.

Supreme Court of Pennsylvania.
October 20, 1969.

Criminal Law — Counsel for defendant — Appeal — Xeroxed copy of brief wholly prepared by appellant himself — Denial of right to effective assistance of counsel.

The filing by counsel of a brief which is merely a xeroxed copy of a brief wholly prepared by appellant himself constitutes a denial of appellant’s right to effective assistance of counsel on appeal.

Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ.

Petition for leave to appeal, No. 3095-A Miscellaneous Docket, from order of Superior Court, No. 267, April T., 1968, affirming order of Court of Oyer and Terminer of Lawrence County, Dec. T., 1966, No. 8, in case of Commonwealth v. Samuel L. McFall, Sr. Order of Superior Court vacated and case remanded.

Page 330

Same case in Superior Court: 213 Pa. Super. 789.

Petition for post-conviction relief.

Order entered dismissing petition, opinion by HENDERSON, P. J. Defendant appealed to the Superior Court, which affirmed the order of the court below, opinion per curiam, dissenting opinion by SPAULDING, J., in which HOFFMAN, J., joined. Petition for allocatur filed with Supreme Court.

Donald E. Williams, Public Defender, for petitioner.

Kenneth E. Fox, Jr., District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM, October 20, 1969:

Appellant’s counsel in the Superior Court filed a brief which was merely a xeroxed copy of a brief wholly prepared by appellant himself. This clearly constitutes a denial of appellant’s right to effective assistance of counsel on his appeal. Commonwealth v. Villano, 435 Pa. 273, 256 A.2d 468
(1969). The judgment of the Superior Court is therefore vacated and the case remanded so that the Superior Court may consider the appeal upon the filing of a brief properly prepared by counsel.