Com. v. Ciptak

Citation665 A.2d 1161,542 Pa. 112
PartiesCOMMONWEALTH of Pennsylvania, Respondent, v. David CIPTAK, Petitioner.
Decision Date11 October 1995
CourtUnited States State Supreme Court of Pennsylvania
ORDER

PER CURIAM:

The Petition for Allowance of Appeal is GRANTED. Petitioner asserts that trial counsel was ineffective for failing to object to the trial court's imposition of the costs of prosecution without first determining petitioner's ability to pay pursuant to Pa.R.Crim.P. 1407(c). In the instant matter, trial counsel and appellate counsel are both members of the same public defender's office. As a general rule, a public defender may not argue the ineffectiveness of another member of the same public defender's office since appellate counsel, in essence, is deemed to have asserted a claim of his or her own ineffectiveness. See Commonwealth v. Shannon, 530 Pa. 279, 285-286, 608 A.2d 1020, 1023 (1992). When appellate counsel asserts a claim of his or her own ineffectiveness, the case should be remanded so that new counsel may be appointed except (1) where, it is clear from the record that counsel was ineffective or (2) where it is clear from the record that the ineffectiveness claim is meritless. Commonwealth v. McBee, 513 Pa. 255, 261, 520 A.2d 10, 13 (1986). Here, trial counsel's reason for not objecting to the trial court's imposition of costs of prosecution cannot be gleaned from the record.

Accordingly, the order of the Superior Court affirming the trial court's imposition of the costs of prosecution is hereby REVERSED. The matter is REMANDED to the Court of Common Pleas of Allegheny County for the appointment of new counsel and an evidentiary hearing is hereby ordered to resolve the ineffectiveness claim.

MONTEMURO, J., is sitting by designation.

To continue reading

Request your trial
21 cases
  • Com. v. Bond
    • United States
    • United States State Supreme Court of Pennsylvania
    • August 23, 2002
    ...is deemed to have asserted a claim of his or her own ineffectiveness". Id. at 756-57 & n. 7. See also Commonwealth v. Ciptak, 542 Pa. 112, 665 A.2d 1161, 1161-62 (1995) (per curiam). Thus, the same general rule applies, i.e., this Court will remand unless the self-accusation is clearly meri......
  • Commonwealth of Pa. v. Jette
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 22, 2011
    ...issue of appellate counsel's ineffective assistance. See Commonwealth v. Green, 551 Pa. 88, 709 A.2d 382 (1998), Commonwealth v. Ciptak, 542 Pa. 112, 665 A.2d 1161 (1995), and Commonwealth v. Shannon, 530 Pa. 279, 608 A.2d 1020 (1992). Of further significance, at least in this case, is the ......
  • Com. v. Smith, 436 CAP.
    • United States
    • United States State Supreme Court of Pennsylvania
    • May 27, 2010
    ...a claim of his or her own ineffectiveness." Commonwealth v. Green, 551 Pa. 88, 709 A.2d 382, 384 (1998) (quoting Commonwealth v. Ciptak, 542 Pa. 112, 665 A.2d 1161, 1161-62 (1995)); see also Commonwealth v. Bond, 572 Pa. 588, 819 A.2d 33, 39-40 n. 2 (2002) (same). Appellant raised his claim......
  • Com. v. Marinelli
    • United States
    • United States State Supreme Court of Pennsylvania
    • November 27, 2006
    ...defender generally may not argue the ineffectiveness of another member of the same public defender's office); Commonwealth v. Ciptak, 542 Pa. 112, 665 A.2d 1161, 1161-62 (1995) 14. Appellant additionally argues that the jury was improperly impaneled as a result of voir dire questions from t......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT