Commonwealth v. William Mikell 2009 PA Super 44 (3/17/2009)

Topic: PCRA – Waiver – Reinstatement of Right to a Direct Appeal

Summary: When an issue is waived on direct appeal, an appellant cannot later claim that he was denied the right to a direct appeal.

Illustration: On direct appeal, Mikell’s counsel failed to properly preserve the issue for appeal. The appellate court reviewed the appeal and determined that the issues were waived. The Superior Court concluded that, since the appellate court reviewed the case and found that the issues were waived, Mikell was not deprived of his right to a direct appeal.

http://www.pacourts.us/OpPosting/Superior/out/s03038_09.pdf