# Commonwealth v. Brunner

> Supreme Court of Pennsylvania · July 22, 1983 · 502 Pa. 358

URL: https://www.frixlaw.com/law-library/cases/6263038

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Larry BRUNNER
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 22, 1983
- **Citations:** 502 Pa. 358; 466 A.2d 991; 1983 Pa. LEXIS 837
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Files, Hutchinson
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6263038

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6263038. Public record. Not legal advice.