Com. v. McClelland, D.

• Court: Superior Court of Pennsylvania
• Decided: August 14, 2015
• Docket: 1806 WDA 2013
• Status: Unpublished

Opinion

J-A13009-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v.

DIANE M. MCCLELLAND

Appellant No. 1806 WDA 2013

Appeal from the Judgment of Sentence June 21, 2013 In the Court of Common Pleas of Washington County Criminal Division at No(s): CP-63-CR-0002056-2011

BEFORE: PANELLA, J., SHOGAN, J., and OTT, J.

CONCURRING STATEMENT BY OTT, J: FILED AUGUST 14, 2015

I agree with the conclusion of the Majority that McClelland’s counseled

brief is so woefully underdeveloped that it substantially impairs our ability to

conduct review of the issues raised on appeal, and, consequently, we are

constrained to find all of her claims waived for purposes of direct appeal.

Nevertheless, I write separately to emphasize that McClelland’s challenge to

the sufficiency of the evidence supporting her conviction of criminal

conspiracy to commit homicide appears to be a potentially meritorious issue,

and note she still has the opportunity to raise that claim within the context

of the ineffectiveness of direct appeal counsel in a subsequent post-

conviction collateral proceeding. See 42 Pa.C.S. § 9541 et seq.