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JOHNSON v. BRIERLEY

July 17, 1969

Allen JOHNSON
v.
Joseph BRIERLEY


Gourley, Chief Judge.


The opinion of the court was delivered by: GOURLEY

GOURLEY, Chief Judge.

 In this state habeas corpus proceeding, the Court has received and thoroughly reviewed the entire state court records pertaining to petitioner's trial and post-conviction proceedings, including the trial transcript. Petitioner was indicted at No. 67 December Term 1961 in the Court of Oyer and Terminer of Allegheny County, Pennsylvania on counts of murder and voluntary manslaughter by reason of a bar-room homicide on November 8, 1961. After a trial by jury, petitioner was found guilty of murder in the first degree and death was fixed as the penalty. Sentence was imposed, and on appeal to the Supreme Court of Pennsylvania, judgment was affirmed. Commonwealth v. Johnson, 410 Pa. 605, 190 A.2d 146 (1963). Subsequently, the sentence of death was commuted to life imprisonment by the Board of Pardons.

 In the proceeding before this Court, petitioner asserts a denial of his constitutional right to due process of law based upon the following allegations:

 
(1) That the trial court admitted into evidence a coerced confession.
 
(2) That the trial court failed to make an independent determination of the voluntariness of the confession.
 
(3) That the confession was admitted into evidence although the confession was obtained in the absence of counsel.
 
(4) That petitioner was deprived of constitutional rights not recognized at the time of his trial but requiring retroactive application.
 
(5) That petitioner was deprived of his privilege against self-incrimination.
 
(6) That petitioner was denied the right to effective counsel at his trial.
 
(7) That state officials obstructed petitioner's right to appeal.
 
(8) That the waiver provisions of the Post-Conviction Hearing Act of 1966, 19 P.S. ยง 1180 et seq. [1180-1 et seq.] were applied to bar the raising of constitutional questions in petitioner's Post-Conviction Hearing Act proceeding which were either litigated or available to petitioner in his habeas ...

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