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COMMONWEALTH PENNSYLVANIA v. JAMES BERNARD MILES (06/25/82)

SUPREME COURT OF PENNSYLVANIA


decided: June 25, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
JAMES BERNARD MILES, APPELLANT

No. 80-3-472, Appeal from the Order of the Court of Common Pleas of Philadelphia at Nos. 1319, 1320, and 1321 July Term, 1970, dated March 7, 1980, denying relief under the Post Conviction Hearing Act.

COUNSEL

Methuselah Bradley, IV, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Alan Sacks, Asst. Dist. Attys., Philadelphia, for appellee.

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

Author: Per Curiam

[ 498 Pa. Page 373]

OPINION OF THE COURT

This is an appeal from a denial, after a counseled evidentiary hearing, of the petition of appellant James Miles for relief under the Post Conviction Hearing Act. Appellant contends that trial counsel was ineffective (1) for failing to object to allegedly prejudicial remarks of the prosecutor; (2) for failing to challenge appellant's pretrial statements on the ground of unnecessary delay, see Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972); (3) for making remarks to the jury allegedly indicative of counsel's "siding" more with the Commonwealth than with appellant, and (4) for conceding the credibility of the police officer who had taken appellant's pretrial statements. Our review of the record convinces us that appellant has failed to demonstrate that counsel's strategy lacked a reasonable basis designed to effectuate appellant's interests. Thus appellant is not entitled to relief. See Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967).

Order affirmed.

19820625

© 1998 VersusLaw Inc.



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