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COMMONWEALTH v. FRAZIER (01/24/74)

SUPREME COURT OF PENNSYLVANIA


decided: January 24, 1974.

COMMONWEALTH
v.
FRAZIER, APPELLANT

Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1968, Nos. 1081 and 1091, in case of Commonwealth of Pennsylvania v. Daniel Frazier.

COUNSEL

Nelson Romisher, for appellant.

Maxine J. Stotland, David Richman, and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

Author: Roberts

[ 455 Pa. Page 162]

Appellant, Daniel Frazier, appeals from the denial of relief under the Post Conviction Hearing Act [PCHA], Act of January 25, 1966, P.L. (1965) 1580, 19 P.S. §§ 1180-1 to -14 (Supp. 1973). Certain of the issues he presently raises were decided adversely to him in his direct appeal, Commonwealth v. Frazier, 443 Pa. 178, 279 A.2d 33 (1971), and are therefore finally litigated. PCHA, supra at 19 P.S. § 1180-4(a)(3). These

[ 455 Pa. Page 163]

    issues may not now be reconsidered, either under the theories then advanced, or under new theories now argued. Commonwealth v. Orr, 450 Pa. 632, 301 A.2d 608 (1973); Commonwealth v. Slavik, 449 Pa. 424, 297 A.2d 920 (1972).

Appellant's remaining claims were raised in the trial court, decided on the merits, and not presented in his direct appeal. Consequently, they are likewise finally litigated and may not be reviewed. PCHA, supra at 19 P.S. § 1180-4(a)(1).

Appellant asserts, however, that his appellate counsel was ineffective because counsel did not present on direct appeal every issue raised at trial. Our examination of the record satisfies us that this contention is without merit. See Commonwealth v. Hill, 450 Pa. 477, 301 A.2d 587 (1973); Commonwealth v. Baker, 429 Pa. 209, 239 A.2d 201 (1968); Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). See also ABA Code of Professional Responsibility, DR 7-101(B)(1) (1969).

Order affirmed.

Disposition

Order affirmed.

19740124

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