# Commonwealth v. Evans

> Supreme Court of Pennsylvania · April 24, 1980 · 489 Pa. 85

URL: https://www.frixlaw.com/law-library/cases/9728866

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee, v. Harry EVANS, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** April 24, 1980
- **Citations:** 489 Pa. 85; 413 A.2d 1025; 1980 Pa. LEXIS 566
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Eagen, O'Brien, Roberts, Nix, Larsen, Flaherty
- **Cited by:** 93 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/9728866

## How later opinions describe it (automated extraction)

- holding that admission of evidence of activity not done in furtherance of the conspiracy was harmless error where defendant’s participation was fully established by the testimony of another co-conspirator

## Opinion text

ROBERTS, Justice,
dissenting.
Unlike the majority, I see no reason for this Court now to remand for an evidentiary hearing to determine some “conceivable” reason trial counsel might have had for failing to preserve the issue of pre-trial counsel’s ineffectiveness. In my view, the record is clear that the issue should have been preserved. See Commonwealth v. Hubbard, 472 Pa. 259, 286 , 372 A.2d 687, 700 (1977) (Hubbard I) (Roberts, J., joined by Manderino, J., dissenting). “No ‘reasonable basis designed to effectuate’ appellant’s interests” exists which would justify counsel’s failure to preserve the issue. Id., 472 Pa. at 288 , 372 A.2d at 700-701 . See also Commonwealth v. Hubbard, 485 Pa. 353, 360 , 402 A.2d 999, 1003 (1979) (Hubbard II) (Roberts, J., dissenting). I would therefore vacate judgments of sentence and remand for a hearing on the merits of appellant’s claim.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9728866. Public record. Not legal advice.