Opinion

Commonwealth v. Brunner

  • 502 Pa. 358
  • 466 A.2d 991
  • 1983 Pa. LEXIS 837
Court
Supreme Court of Pennsylvania
Filed
Jul 22, 1983
Status
Published
On the bench
Files, Hutchinson
Cited by
2 cases
Authority
More cited than 56.9%

The opinion

ORDER

PER CURIAM:

The petition for allowance of appeal filed by Douglas M. Johnson, Esq., is stricken in light of this Court’s order of November 29, 1982, directing the appointment of new counsel.

The petition for allowance of appeal filed by Nancy J. Hopkins, Esq., is granted, the order of the Superior Court at No. 1014 Philadelphia, 1981, 305 Pa.Super. 411 , 451 A.2d 714 is vacated, and the judgments of sentence of the Court of Common Pleas of Montgomery County are vacated. The record is remanded to the court of common pleas for an evidentiary hearing to determine whether petitioner was afforded effective assistance of counsel. If the court determines that there were no reasonable grounds for counsel’s *359 action designed to effectuate petitioner’s interests, see Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599 , 235 A.2d 349 (1967), it shall enter an order granting petitioner a new trial. If it is determined that trial counsel’s representation was effective, the court shall reinstate the judgments of sentence. The parties may appeal the hearing court’s determination. See Commonwealth v. Vargas, 498 Pa. 121 , 445 A.2d 96 (1982); Commonwealth v. Brown, 478 Pa. 628 , 387 A.2d 665 (1978); Commonwealth v. Moore, 466 Pa. 510 , 353 A.2d 808 (1976); Commonwealth v. Twiggs, 460 Pa. 105 , 331 A.2d 440 (1975).

HUTCHINSON, J., files a dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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