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COMMONWEALTH EX REL. OLECKI v. MARONEY. (11/10/64)

THE SUPREME COURT OF PENNSYLVANIA


November 10, 1964

COMMONWEALTH EX REL. OLECKI, APPELLANT,
v.
MARONEY.

Appeal (petition for allocatur), No. 101, Jan. T., 1965, from order of Superior Court, Feb. T., 1964, No. 31, affirming order of court of Common Pleas of Lackawanna County, Sept. T., 1963, No. 1147, in case of Commonwealth ex rel. Joseph J. Olecki, Jr. v. James F. Maroney, Superintendent. Petition for allocatur granted, orders vacated and record remanded.

COUNSEL

Joseph J. Olecki, Jr., petitioner, in propria persona.

Ralph J. Needle, Assistant District Attorney, and Joseph J. Cimino, District Attorney, for respondent.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

[ 415 Pa. Page 544]

OPINION PER CURIAM

Petitioner requests us to review the dismissal of his petition for a writ of habeas corpus. The basic allegation of the petition was that petitioner had been denied counsel at the entry of his plea of guilty.

Our examination of the record persuades us that the matter should be remanded for further consideration below in light of this Court's decisions today in Commonwealth ex rel. O'Lock v. Rundle, 415 Pa. 515, 204 A.2d 439 (1964), and in Commonwealth ex rel. Goodfellow v. Rundle, 415 Pa. 528, 204 A.2d 446 (1964).

The petition for allocatur is granted, as is the petition to proceed in forma pauperis. The orders of the Superior Court and the Court of Common Pleas of Lackawanna County are vacated. The record is remanded to the Court of Common Pleas of Lackawanna County for further consideration.

19641110

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