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COMMONWEALTH PENNSYLVANIA v. ROBERT A. MCNEIL (07/14/78)

SUPREME COURT OF PENNSYLVANIA


decided: July 14, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
ROBERT A. MCNEIL, APPELLANT

No. 376 January Term, 1977, Appeal from the Order of the Court of Common Pleas, Chester County, Pennsylvania, at No. 158 January Term, 1973

COUNSEL

William H. Mitman, Jr., West Chester, for appellant.

William H. Lamb, Dist. Atty., Robert C. Houpt, Chief Deputy Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ.

Author: Per Curiam

[ 479 Pa. Page 383]

OPINION

The instant appeal is from a denial of post-conviction relief in which appellant asserts the ineffective assistance of trial counsel. Eight complaints relating to counsel's stewardship are offered in support of the ineffective assistance claim.

However, we cannot reach the merits of this contention since we deem it to have been waived. After

[ 479 Pa. Page 384]

    conviction, denial of post-verdict motions and the imposition of the judgment of sentence, a direct appeal was had and the judgment of sentence was affirmed, Commonwealth v. McNeil, 461 Pa. 709, 337 A.2d 840 (1975). Appellant was represented by counsel other than trial counsel on his direct appeal. To raise a claim of ineffectiveness of counsel for the first time in a Post Conviction Hearing proceeding, a petitioner who is represented on appeal by counsel other than trial counsel must demonstrate the existence of some "extraordinary circumstance" justifying failure to raise the issue on direct appeal. Such justification has not been provided in the instant cause. Post-Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, § 4(b)(2), 19 P.S. § 1180-4(b)(2) (Supp.1977); Commonwealth v. May, 476 Pa. 385, 382 A.2d 1223 (1978); Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1975).*fn*

Order affirmed.


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