Pennsylvania Waiver Doctrine in Criminal Proceedings: Its Application and Relationship to the Ineffective Assistance of Counsel Claim

Authors

R. Jeffrey Behm

Abstract

The Pennsylvania Supreme Court in Clair rejected the fundamental error doctrine in criminal proceedings, ruling that it will not hear on appeal issues which have not been properly preserved. After examining the scope of the waiver doctrine and requirements for preserving an issue, this comment questions the circumvention of the doctrine by ineffective assistance of counsel claims.

First Page

217

Recommended Citation

R. J. Behm, Pennsylvania Waiver Doctrine in Criminal Proceedings: Its Application and Relationship to the Ineffective Assistance of Counsel Claim, 15 Duq. L. Rev. 217 (1976).
Available at: https://dsc.duq.edu/dlr/vol15/iss2/7