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COMMONWEALTH v. DAVIS (09/26/72)

decided: September 26, 1972.

COMMONWEALTH
v.
DAVIS, APPELLANT



Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1954, Nos. 1032, 1033, and 1038, in case of Commonwealth of Pennsylvania v. Lonnie Davis.

COUNSEL

Morton B. Weinstein, and Weinstein and Factor, for appellant.

James Garrett and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Dissenting Opinion by Packel, J. Hoffman and Spaulding, JJ., join in this dissent.

Author: Per Curiam

[ 222 Pa. Super. Page 431]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Packel, J.:

At the commencement of a trial in 1954, the judge appointed a voluntary defender to represent the appellant who, along with three others, was being tried for seven aggravated robberies. The voluntary defender promptly asked for a continuance so that he could interview the defendants and prepare a defense. The request was denied. The defendant testified as to his innocence, but after the introduction of a confession containing his signature and after a co-defendant changed his plea to guilty and implicated the defendant, he changed his plea to guilty.

The appellant sought relief by way of a Post Conviction Hearing Act petition based upon the invalidity of his guilty plea and ineffective assistance of counsel. The petition was denied. It is necessary to consider only the latter ground because the case clearly demonstrates that the appellant was denied effective assistance of counsel by the refusal to grant him time for adequate preparation.

It is well settled that the right to counsel is the right to the effective assistance of counsel. Hawk v. Olson, 326 U.S. 271, 66 S. Ct. 116 (1945). In the landmark case of Powell v. Alabama, 287 U.S. 45, 71, 53 ...


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