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COMMONWEALTH PENNSYLVANIA v. KENNETH JACKSON (03/10/82)

decided: March 10, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
KENNETH JACKSON, APPELLANT



No. 284 January Term, 1979, Appeal from Order of June 6, 1979, of the Court of Common Pleas, Criminal Trial Division, of Philadelphia, denying suppression and affirming Judgment of Sentence at Nos. 1343, 1344 and 1346 April Term, 1969

COUNSEL

Joel S. Moldovsky (Court-appointed), Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Paul Diamond, Asst. Dist. Atty., for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, Kauffman and Wilkinson, JJ. Kauffman and Wilkinson, JJ., did not participate in the decision of this case.

Author: O'brien

[ 497 Pa. Page 593]

OPINION OF THE COURT

Appellant, Kenneth Jackson, was convicted by a jury of murder of the first degree, aggravated robbery and burglary in November, 1970. Post-verdict motions were denied and appellant was sentenced to life imprisonment for the murder conviction. Appellant was also sentenced to a consecutive ten-to-twenty year prison term for the robbery conviction and a consecutive probationary term of twenty years for the burglary conviction.

Appellant subsequently filed a direct appeal to this Court. All but one of the issues raised by appellant were without merit; however, this Court was unable to analyze appellant's claim concerning the voluntariness of his confession because the suppression court had failed to make specific findings of fact as required by Pa.R.Crim.P. 323(i). We remanded for an evidentiary hearing so that the required findings of fact could be made. Commonwealth v. Jackson, 464 Pa. 292, 346 A.2d 746 (1975).

On remand, appellant, represented by new counsel, attempted to raise the ineffectiveness of trial counsel. The court not only refused to allow appellant to challenge trial counsel's effectiveness but also refused to conduct the new evidentiary hearing. Instead, the court made findings of fact based on the original suppression hearing. On appeal, we again remanded, directing the court to conduct a new suppression hearing and to allow appellant to challenge trial counsel's effectiveness. Commonwealth v. Jackson, 483 Pa. 101, 394 A.2d 930 (1978).

[ 497 Pa. Page 594]

Following the evidentiary hearing, the trial court again determined that appellant's confession was voluntary. The court further decided that appellant had not been denied the effective assistance of trial counsel. This appeal followed.

Appellant argues, inter alia, that the court erred in admitting his confession. Appellant claims that his confession was the product of an unlawful arrest as well as physical and psychological coercion, and therefore was involuntary. Further, appellant asserts that an unnecessary delay occurred between arrest and arraignment. Our review of the record compels our conclusion that appellant's confession was involuntary and is entitled to a new trial. The facts, as found by the suppression court, are as follows.

On March 7, 1969, Gaetano Piccirilli was shot and killed during an attempted robbery of his store in Philadelphia. The two black males involved fled immediately after the shooting. As a result of the police investigation, the authorities went to appellant's home at approximately 8:00 p. m. on March 8, 1969. The officers informed appellant that they wanted to discuss the Piccirilli murder with him. Appellant, eighteen years old at the time, agreed to accompany the officers to the Police Administration Building. While en route, appellant was informed of his Miranda rights. By the time appellant arrived at the Police Administration Building at ...


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