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COMMONWEALTH PENNSYLVANIA v. ANTHONY DOMINICK CIOTTI (06/27/80)

filed: June 27, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
ANTHONY DOMINICK CIOTTI, APPELLANT



No. 1489 April Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Erie County, Criminal Division, No. 2383-1977.

COUNSEL

William F. Scarpitti, Jr., Erie, for appellant.

Michael M. Palmisano, Assistant District Attorney, Erie, submitted a brief on behalf of Commonwealth, appellee.

Spaeth, Hoffman and Van der Voort, JJ. Van der Voort, J., files a dissenting opinion.

Author: Hoffman

[ 279 Pa. Super. Page 77]

This is an appeal following a jury trial in which appellant was convicted of receiving stolen property. Appellant contends, inter alia, that trial counsel was ineffective for failing to object to remarks of the court clerk made during the poll of the jury.*fn1 We agree and, accordingly, reverse the judgment of sentence and remand for a new trial.

After the jury announced the verdict, trial counsel requested that the jury be polled. After the trial judge directed the court clerk to conduct the poll, the following occurred:

[ 279 Pa. Super. Page 78]

CLERK OF COURTS: When I call your name, would you please stand and respond yes.

THE COURT: And remain standing until the jury is completely polled.

CLERK OF COURTS: Jimmie Hooker. You said you find the defendant guilty?

MR. HOOKER: I do.

CLERK OF COURTS: Dan Locke, you say you find the defendant guilty?

MR. LOCKE: I do.

CLERK OF COURTS: Pearl Adams, you say you find the ...


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