finding of ineffectiveness cannot be made unless alternatives not chosen offer potential for success substantially greater than tactics used; therefore, if there was no reasonable basis for counsel's decision, his decisions were prejudicial to client
How later courts described this case
- finding of ineffectiveness cannot be made unless alternatives not chosen offer potential for success substantially greater than tactics used; therefore, if there was no reasonable basis for counsel's decision, his decisions were prejudicial to client
- "some reasonable basis designed to effectuate his client's interest"
- where it was stated that a reviewing court should not view in hindsight whether one course of action was more reasonable than another
- ineffectiveness review involves “an examination of counsel’s stewardship of the now challenged proceedings in light of the available alternatives”
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Commonwealth v. Pierce, 515 Pa. 153 (1987)
Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967),overruled on other grounds, Commonwealth v. Pierce, 515 Pa. 153, 527 A.2d 973 (1987).
The opinion
Concurring and Dissenting Opinion by
Mr. Chief Justice Bell:
This appeal involves several 1959 convictions during which defendant was represented by an attorney who had tried over a thousand criminal cases. It is to the credit of the attorney that he could not remem *614 her some details of exactly what happened in 1959. As so frequently happens in recent habeas corpus and recent post-conviction proceedings and appeals therefrom, there is no doubt of defendant’s guilt — indeed, in most of them, defendant relies solely upon recently created legal technicalities and does not even allege his innocence.
I would affirm all the convictions and judgments of sentences and the orders of the lowér Court which Avere entered in this habeas corpus proceeding.