Aug 19, 2009 1 min read

The state Supreme Court affirmed the drug convictions of a Pittsburgh man, but overturned a lower court ruling that reinstated his ability to file a post-sentence motion. Clayton Leroy Liston, 58, was convicted of two counts each of possession of a controlled substance and possession with intent to deliver drugs and one count of conspiracy. The charges stemmed from two incidents in 2004 when Liston sold cocaine to an undercover trooper.

His attorney did not file motions after his sentence, nor did Liston pursue direct appeals of the convictions.

The state Superior Court ruled last year that Liston’s appeals rights should be reinstated, in addition to his rights to file any post-sentence motions.

Reinstating post-sentence rights increases the number of potential appeal issues.

The Supreme Court ruling indicated that the Superior Court “overstepped its authority” in reinstating post-sentence motions.

However, a footnote in the decision allows Fayette County Judge John F. Wagner Jr. to reinstate the right to file post sentence motions.

Wagner sentenced Liston to 18 to 36 months behind bars in the case.