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COMMONWEALTH v. MURRAY (05/23/73)

decided: May 23, 1973.

COMMONWEALTH
v.
MURRAY, APPELLANT



Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, Sept. T., 1966, No. 15, in case of Commonwealth of Pennsylvania v. William Murray.

COUNSEL

John H. Corbett, Jr., and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.

Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Eagen. Mr. Justice Nix concurs in the result.

Author: Eagen

[ 452 Pa. Page 283]

On July 8, 1966, in the course of a robbery of a jewelry store in Pittsburgh, the operator of the store was fatally shot by one of the robbers. Three men, including William Murray, were arrested the same day and charged with the crimes. On February 13, 1967, Murray was convicted by a jury of murder in the first degree and the punishment was fixed at life imprisonment. The Honorable F. Joseph Thomas, of the Thirtieth Judicial District, Specially Presiding, was the trial judge. Post trial motions were filed and argument thereon was held before a court en banc which included Judge Thomas. The motions were later denied and the court then imposed sentence in accordance with the jury's verdict.

On June 18, 1969, Murray filed a direct appeal in this Court and on October 9th, oral argument and written briefs were submitted on his behalf. On March 20, 1970, we affirmed the judgment. See 437 Pa. at 326, 263 A.2d 886 (1970). A timely petition for reargument was denied. During the trial proceedings, Murray was represented by Allen N. Brunwasser, Esq., self-retained counsel. After the trial, Mr. Brunwasser was

[ 452 Pa. Page 284]

    permitted to withdraw, because Murray told the court "he didn't want" Brunwasser to represent him any further. By court appointment, the Public Defender represented Murray in the prosecution of the post trial motions and the appeal in this Court.

On January 8, 1971, Murray filed a petition pro se seeking post conviction relief where he complained, inter alia, of the effectiveness of the Public Defender in the prosecution of the post trial motions in the trial court, and his direct appeal in this Court.*fn1 The trial court dismissed the petition without hearing, but we subsequently vacated this order and remanded the record directing that a hearing be conducted. See 445 Pa. 546, 284 A.2d 778 (1971). An evidentiary counseled hearing followed before Judge Thomas, the trial judge. Later Judge Thomas ruled Murray's complaint of ineffective post trial counsel was without merit, and again dismissed the petition seeking post conviction relief. This appeal was then filed.*fn2 In dismissing the petition for post conviction relief, Judge Thomas filed an opinion with supporting reasons, plus a Certificate under Rule 1506 of the Pennsylvania Rules of Criminal Procedure, setting forth "the post trial events to the best of the court's recollection. . . ."

At the post conviction relief hearing, Murray offered nothing to substantiate his claim he was denied effective counsel in the prosecution of the direct appeal to this Court, other than the fact that he filed his own brief with this Court in support of the appeal. The

[ 452 Pa. Page 285]

    record shows that his then counsel, an attorney from the office of the Public Defender, filed a brief in this Court separate and apart from Murray's brief,*fn3 and also presented oral argument before this Court in support of the appeal. This attorney testified at the post conviction relief hearing that he studied the trial record thoroughly and presented every argument on Murray's behalf which he considered relevant and having merit. It is obvious from the ...


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