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COMMONWEALTH PENNSYLVANIA v. WALI FARID RASHED A/K/A CURTIS DAVIS (10/27/81)

decided: October 27, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
WALI FARID RASHED A/K/A CURTIS DAVIS, APPELLANT



No. 423 January Term, 1979, Appeal from the Order dated August 20, 1979, denying appellant's Petition under the Post-Conviction Hearing Act, by the Honorable Louis A. Bloom in the Court of Common Pleas, Criminal Division, Nos. 531-533 March Session, 1969.

COUNSEL

William B. Borrebach, Jr., Media, for appellant.

Vram Nedurian, Jr., Newtown, for appellee.

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

Author: Roberts

[ 496 Pa. Page 29]

OPINION OF THE COURT

This is an appeal from an order of the Court of Common Pleas of Delaware County denying appellant's petition for relief under the Post Conviction Hearing Act. We agree with the post-conviction hearing judge that none of appellant's claims merits relief. Hence we affirm.

Appellant Wali Rashed (formerly Curtis Davis) was arrested in December of 1968 and charged with murder, voluntary and involuntary manslaughter, and robbery. On September 25, 1969, appellant was found guilty, after a jury trial, of murder of the first degree, voluntary manslaughter, and two counts of robbery. On appeal, this Court reversed

[ 496 Pa. Page 30]

    the judgments of sentence and granted appellant a new trial because of prejudicial remarks made by the district attorney during trial. Commonwealth v. Davis, 452 Pa. 171, 305 A.2d 715 (1973). On remand, appellant was found guilty by a jury of murder of the first degree and robbery. The court imposed a sentence of life imprisonment on the murder count and a consecutive sentence of ten to twenty years' imprisonment on the robbery count. This Court unanimously affirmed on appeal. Commonwealth v. Davis, 466 Pa. 102, 351 A.2d 642 (1976).

With the assistance of counsel, appellant then sought post-conviction relief. Following seven evidentiary hearings and the submission of four amended petitions, the post-conviction hearing court rejected all of appellant's contentions and dismissed his petition. Hence this appeal.

On this appeal, briefs have been submitted both by counsel for appellant and by appellant himself. The errors asserted in the brief prepared by counsel have been commendably articulated and forcefully advocated. Appellant's pro se brief addresses many of the same errors and advances additional contentions, primarily related to discrepancies in dates and times on the record. We turn first to the claims set forth in the brief submitted by counsel.

Appellant's first claim of error is a challenge to the validity of the search warrant through which evidence, including the murder weapon, was obtained and used against him at trial.*fn1 According to appellant, all his previous counsel were ineffective for failing to challenge the warrant as based on stale information. Although the claim of ineffective assistance has not been previously litigated, Commonwealth v. Hare, 486 Pa. 123, 404 A.2d 388 (1979), appellant has ...


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