COM. v. GILBERT


407 Pa.Super. 491 (1991)

595 A.2d 1254

COMMONWEALTH of Pennsylvania v. Isaac Kim GILBERT, Appellant.

Superior Court of Pennsylvania.

Filed August 12, 1991.

Petition for Allowance of Appeal Denied December 13, 1991.


Attorney(s) appearing for the Case

Shelley Stark, Public Defender, Pittsburgh, for appellant.

Kemal A. Mericli, Asst. Dist. Atty., Pittsburgh, for the Com., appellee.

Before CIRILLO, JOHNSON and HESTER, JJ.


HESTER, Judge:

Appellant, Isaac Kim Gilbert, appeals the December 18, 1990 denial of his petition filed under the provisions of the Post-Conviction Relief Act. The issue presented is whether a post-conviction petitioner must automatically be granted the right to petition the Supreme Court for allowance of appeal nunc pro tunc from our prior affirmance of his criminal conviction on direct appeal, regardless of the merits of the issue foregone by direct appeal...

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