Commonwealth of Pennsylvania, Appellant v. Dexter Pitts, Appellee

Summary

The Supreme Court of Pennsylvania reversed the Superior Court's order vacating the dismissal of Dexter Pitts's Post Conviction Relief Act petition, holding that the intermediate court erred by sua sponte reviewing the sufficiency of PCRA counsel's no-merit withdrawal letter—an issue neither party raised—and by remanding for an amended petition whose contents the court dictated. The Court disavowed the proposition that an appellate court may independently examine no-merit letter adequacy, reinstating the PCRA court's dismissal of the petition and its grant of counsel's withdrawal request. In footnotes, the Court additionally concluded Pitts waived both any challenge to the no-merit letter and his claim that PCRA counsel was ineffective for failing to pursue reinstatement of his direct appeal rights, the latter because he raised it for the first time on appeal in what amounted to a serial PCRA petition. Chief Justice Castille concurred, elaborating the waiver rationale and rulemaking concerns; Justice Baer dissented, joined by Justices Saylor and Todd, arguing the appeal was the first viable opportunity to challenge PCRA counsel and that Pitts pleaded facts entitling him to an evidentiary hearing and possible reinstatement of appellate rights.