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COMMONWEALTH PENNSYLVANIA v. NORVELL LEE SHERARD (09/22/80)

SUPREME COURT OF PENNSYLVANIA


decided: September 22, 1980.

COMMONWEALTH OF PENNSYLVANIA,
v.
NORVELL LEE SHERARD, APPELLANT

No. 58 May Term, 1979, Appeal from the Order Dated August 10, 1979, by the Court of the Common Pleas of Dauphin County at No. 286 Criminal Division 1973.

COUNSEL

Bruce D. Foreman, Harrisburg, for appellant.

Marion E. MacIntyre, First Asst. Dist. Atty., for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Per Curiam

[ 491 Pa. Page 282]

OPINION

Appellant Norvell Sherard was convicted of murder of the second degree for the 1973 stabbing death of one Frank

[ 491 Pa. Page 283]

Kools. The judgment of sentence was affirmed by this Court,*fn1 and appellant sought a writ of habeas corpus in the United States District Court for the Middle District of Pennsylvania. That Court denied appellant's petition, and appellant then filed two petitions for relief under the Post Conviction Hearing Act.*fn2 This appeal is from the denial of the relief requested in the second of those petitions.

Appellant contends that the court below erred in finding that appellant was not denied effective assistance of counsel. Appellant argues that the obtaining of certain statements appellant made to the police after his arrest violated his privilege against self-incrimination, and that his trial counsel was ineffective in failing to object to their admission into evidence.

We have reviewed the record and find appellant's assertion to be without merit, as it is clear that the course chosen by appellant's trial counsel had a reasonable basis which was designed to effectuate appellant's interests. See Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 604, 235 A.2d 349, 352 (1967). Consequently, the order of the court below denying appellant's petition for post-conviction relief is affirmed.


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