Com. v. Burke, S., 336 A.3d 998

Sabree Burke pled guilty to drug and firearm charges in 2021 and was sentenced to 10–20 years’ imprisonment.
Burke's privately-retained plea counsel filed a notice of appeal but did not file any post-sentence motions; later, appellate counsel was appointed after plea counsel withdrew.
Appellate counsel failed to file a required docketing statement, leading to the dismissal of Burke’s direct appeal.
Burke subsequently filed a timely PCRA petition alleging ineffective assistance of counsel at both the plea and appellate stages.
The PCRA court held an evidentiary hearing and denied relief, crediting plea counsel's testimony over Burke's regarding post-sentence motions, and finding no prejudice from appellate counsel’s failures.
On appeal, PCRA counsel moved to withdraw via a Turner/Finley no-merit letter; the Superior Court reviewed both the substance and procedure of counsel’s withdrawal and the merits of Burke’s claims.

Issue	Plaintiff’s Argument	Defendant’s Argument	Held
Was plea counsel ineffective for not filing a post-sentence motion as requested?	Burke asked plea counsel to file the motion and was prejudiced by the failure.	Counsel denied receiving such a request; no credible evidence Burke requested the motion.	Court credited counsel over Burke; no ineffectiveness found.
Was appellate counsel ineffective per se for failing to perfect the direct appeal?	Appellate counsel’s failure deprived Burke of appellate review, which is presumed prejudice.	Burke suffered no prejudice since no claim was preserved for appeal anyway.	Ineffectiveness per se found; right to direct appeal reinstated.
Was counsel's Turner/Finley withdrawal procedurally correct?	No objection (court reviews for compliance with Turner/Finley procedural steps).	Counsel substantially complied with procedural requirements.	Substantial compliance found; court proceeds to merits review.

Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988) (sets standard for counsel’s motion to withdraw in collateral proceedings)
Commonwealth v. Finley, 550 A.2d 213 (Pa. Super. 1988) (en banc) (companion case to Turner; elaborates withdrawal process)
Commonwealth v. Rosado, 150 A.3d 425 (Pa. 2016) (ineffectiveness per se where merits review of appeal is foreclosed)
Commonwealth v. Lantzy, 736 A.2d 564 (Pa. 1999) (counsel’s failure to file requested appeal constitutes per se ineffectiveness)
Commonwealth v. Dennis, 17 A.3d 297 (Pa. 2011) (appellate deference to credibility assessments by PCRA courts)
Commonwealth v. Halley, 870 A.2d 795 (Pa. 2005) (per se ineffectiveness where procedural default forecloses appellate merits review)