Com. v. Ciptak

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

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21 cases
  • Com. v. Bond
    • United States
    • Pennsylvania Supreme Court
    • 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
    • Pennsylvania Supreme Court
    • 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
    • United States
    • Pennsylvania Supreme Court
    • May 27, 2010
    ...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 claims ......
  • Com. v. Marinelli
    • United States
    • Pennsylvania Supreme Court
    • 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......
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