# Commonwealth, Aplt v. Bardo, M.

> Supreme Court of Pennsylvania · December 16, 2014 · 629 Pa. 352

URL: https://www.frixlaw.com/law-library/cases/9805255

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellee v. Michael BARDO, Appellant; Commonwealth of Pennsylvania, Appellant v. Michael Bardo, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 16, 2014
- **Citations:** 629 Pa. 352; 105 A.3d 678
- **Precedential status:** Published
- **Opinion:** Concurrence by Baer
- **Judges:** Affirmance, Baer, Cap, Castille, Docket, Eakin, McCAFFERY, Melvin, Orie, Saylor, Support
- **Cited by:** 71 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/9805255

## How later opinions describe it (automated extraction)

- explaining that “a defense of diminished capacity grounded in voluntary intoxication is a very limited defense” which only acts to mitigate first-degree murder to third- - 10 - J-S10014-26 degree murder
- stating that “[c]ounsel is presumed effective, and the petitioner bears the burden of proving otherwise”
- holding claims of prosecutorial misconduct and trial court error waived “as they could have been raised at trial or on direct appeal and were not”
- explaining counsel is presumed effective and petitioner bears burden to prove ineffective assistance of counsel
- noting that counsel is presumed effective and petitioner bears burden to prove ineffective assistance of counsel

## Opinion text

*442 Justice BAER,
concurring in support of affirmance on Docket No. 651 CAP.
I join the Per Curiam Opinion’s disposition of the appeal of Michael Bardo and its affirmance of the denial of guilt-phase relief. As to the penalty phase, however, I join the Concurring Opinion and Opinion in Support of Affirmance on Docket No. 651 CAP by Justice Saylor to the extent that he would uphold the reasoning and holding of the post-conviction court in awarding penalty phase relief to Bardo because, like Justice Saylor, I believe the lower court’s determinations are sufficiently supported by the record and free of legal error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9805255. Public record. Not legal advice.