| COMMONWEALTH OF PENNSYLVANIA v. LEABERT GEORGE GRANT No. 643 WDA 2008 2010 PA Super 45 Atlantic: n/a Filed: 3/23/2010 | |
| Appeal from the PCRA Order dated April 4, 2008, Court of Common Pleas, Allegheny County, Criminal Division at No. CP-02-CR-0007258-2003 | |
| Before: BOWES, DONOHUE and POPOVICH, JJ. | |
| Opinion by: DONOHUE, J. | |
| Appellant Leabert George Grant (“Grant”) appeals from the PCRA court’s dismissal of his Amended Petition for Post Conviction Relief and Petition for Writ of Habeas Corpus. Grant contends that his constitutional rights were violated when the PCRA court refused to grant him a new trial after it was discovered that he was represented at trial by someone who was not licensed to practice law because of his repeated failure to fulfill mandatory continuing legal education requirements. For the reasons set forth herein, we conclude that Grant’s rights to the assistance of counsel under the Sixth Amendment of the United States Constitution and Article I, Section 9 of the Pennsylvania Constitution were violated. Accordingly, we reverse the order of the PCRA court dated April 4, 2008, vacate the judgment of sentence dated August 16, 2004, and remand for a new trial. | |
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