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COMMONWEALTH PENNSYLVANIA v. JOHN JOSEPH MCINTYRE (01/27/81)

decided: January 27, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN JOSEPH MCINTYRE, APPELLANT



No. 502 January Term, 1979, Appeal from the Order of the Court of Common Pleas of Philadelphia, at Nos. 1585, 1586, 1587 December Term, 1968, entered December 12, 1979.

COUNSEL

William A. Fitzpatrick, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Philadelphia, for appellee.

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

Author: Roberts

[ 492 Pa. Page 307]

OPINION OF THE COURT

This is a direct appeal from an order of the Court of Common Pleas of Philadelphia denying a petition for post-conviction relief under the Post Conviction Hearing Act (PCHA), Act of January 25, 1966, P.L. (1965) 1580, § 1 et seq., formerly 19 P.S. § 1180-1 et seq. We affirm.

In February of 1970, appellant John McIntyre was tried before a jury for his involvement in the shooting death of a Philadelphia police officer. The shooting occurred while appellant and two accomplices were burglarizing a private residence and robbing its occupants.

The jury found appellant guilty of murder of the first degree, aggravated robbery, and burglary. Appellant was sentenced to life imprisonment on the murder conviction and

[ 492 Pa. Page 308]

    concurrent terms of ten to twenty years' imprisonment on the other verdicts.

On a counseled appeal, appellant challenged the sufficiency of the evidence, the introduction of his confession, the trial court's refusal to reconsider whether the confession should be suppressed, and the court's charge regarding the confession. This Court unanimously affirmed. 451 Pa. 42, 301 A.2d 832 (1973).

In October of 1976, appellant filed the present petition for relief under the PCHA. Appellant claimed: (1) that he was denied counsel of his choice when, before trial, his privately-retained counsel took a position with the office of the District Attorney of Philadelphia; (2) that evidence which would have bolstered his challenge to the confession was improperly suppressed; (3) that his suppression hearing counsel was ineffective for failing to argue that the judge presiding at appellant's suppression hearing acted improperly when he allegedly attended a memorial service for the deceased police officer; (4) that trial counsel was not adequately prepared; (5) that trial counsel was ineffective for failing to interview a possible alibi witness; and (6) that appellate counsel should have challenged previous ...


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