Overview

In Commonwealth v. G, Attorney Robert M. Buttner helped restore a defendant’s right to a direct appeal after it was lost due to a prior attorney’s mistake. Mr. G had been sentenced to 40–80 years for attempted homicide but was denied meaningful appellate review when his first lawyer failed to follow required procedures.

Result

Through a Post-Conviction Relief Act (PCRA) petition, Attorney Buttner argued that appellate counsel had been ineffective and deprived the defendant of a fair appeal. The Pennsylvania Superior Court agreed, reversed the PCRA court’s denial, and reinstated the client’s direct appeal rights nunc pro tunc — giving him a second chance at appellate review.

Outcome

• Conviction: Attempted Homicide
• Original Sentence: 40 to 80 years’ incarceration
• Relief Granted: Direct appeal rights reinstated via PCRA
• Court: Pennsylvania Superior Court
• Date: September 12, 2013
• Defense Counsel: Robert M. Buttner, Esq., Scranton, PA

Read the Full Opinion

• Superior Court Opinion – Commonwealth v. G (Justia)
• PCRA Information – PA Rule of Criminal Procedure 902