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393 Pa. Super. 1

In re J.P.

Superior Court of Pennsylvania

Decided March 27, 1990

Superior Court of Pennsylvania · decided 1990-03-27

Relies on Commonwealth Ex Rel. Washington v. Maroney · Commonwealth v. Pierce

Good law ✅— No negative treatment on recordhow we know

Decided 1990-03-27

How this case has been cited

Cited by 13 later decisions — most recently December 2015

13 state decisions

70199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ROWLEY, Judge

¶1concurring.

¶2I join in the Concurring and Dissenting Opinion by Judge Montemuro. I write separately, however, to express my understanding that there is no requirement in juvenile dependency cases that post-trial motions must be filed in order to preserve for appellate review the issue of ineffectiveness of trial counsel. Therefore, the fact that no post-trial motions were filed in the instant case is inconsequential.

¶3It is also my understanding that Judge Montemuro would not expand our traditional scope of review in dependency proceedings to permit consideration of issues not raised by the parties. In addition, where an ineffectiveness issue is raised in a dependency action, it is my understanding that Judge Montemuro'would apply the traditional ineffective assistance of counsel test applicable to criminal cases and enunciated in Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967) and Commonwealth v. Pierce, 515 Pa. 153, 527 A.2d 973 (1987).

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