Opinion

Commonwealth v. Rega

  • 593 Pa. 659
  • 933 A.2d 997
  • 2007 Pa. LEXIS 2176
Court
Supreme Court of Pennsylvania
Filed
Oct 17, 2007
Status
Published
Author
Cappy
On the bench
Cappy, Castille, Saylor, Eakin, Baer, Baldwin, Former, Newman
Cited by
313 cases
Authority
More cited than 9.8%

recognizing that questions of arbitrariness arose because there were “no existing standards or guidelines governing when a trial judge should permit litigation of ineffectiveness claims, or other collateral claims, on post-verdict review or should defer to review at the collateral stage”

How later courts described this case

  • recognizing that questions of arbitrariness arose because there were “no existing standards or guidelines governing when a trial judge should permit litigation of ineffectiveness claims, or other collateral claims, on post-verdict review or should defer to review at the collateral stage”
  • holding that where trial evidence showed that individual had taken no part in the crimes for which the defendant was on trial the individual could not be considered an accomplice and, thus, was not entitled to corrupt and polluted source jury-instruction
  • stating a petitioner “must prove that the strategy employed by trial counsel “was so unreasonable that no competent lawyer would have chosen that course of conduct” (citation omitted)
  • finding that a statement is not considered hearsay if it is offered to explain the course of conduct of the police during an investigation

Written by the judges who cited it.

The opinion

Chief Justice CAPPY,

concurring.

I join the majority opinion subject to similar concerns raised by Justice Castille in his concurring opinion regarding the scope of the “Bomar 1 exception” to this court’s decision in Commonwealth v. Grant, 572 Pa. 48 , 813 A.2d 726 (2002). I agree with Justice Castille that “we should examine more squarely the procedural question of whether and when criminal defendants ... should be afforded the post-verdict and direct appeal unitary review which occurred in Bomar.” Concurring Opinion at 715, 933 A.2d at 1030 (Castille, J.). My fear is that continued employment of the “Bomar exception” will eventually swallow the rule we announced in Grant governing the presentation of ineffectiveness claims.

. Commonwealth v. Bomar, 573 Pa. 426 , 826 A.2d 831 (2003).

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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