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COMMONWEALTH PENNSYLVANIA v. JOHN K. YOUNG (04/26/83)

submitted: April 26, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHN K. YOUNG, APPELLANT



No. 1252 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Criminal Division at No. 2369-2372 Mar. Term, 1975.

COUNSEL

James F. Metka, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Rowley, Wieand and Popovich, JJ. Rowley and Wieand, JJ., concur in the result.

Author: Popovich

[ 318 Pa. Super. Page 540]

This is an appeal by the appellant, John K. Young, from the Order of the Court of Common Pleas of Philadelphia (per Judge Blake) denying his request for relief under the Post-Conviction Hearing Act (PCHA). 19 P.S. § 1180-1 et seq., as amended; reenacted as 42 Pa.C.S.A. §§ 9541-9551. We affirm.

On August 20, 1975, a jury found the appellant guilty of the stabbing death of 25-year-old Marlene Mapp (murder in the second degree), possession of an instrument of crime (butcher knife), robbery and burglary. Post-trial motions were denied and appellant was sentenced to concurrent terms of life imprisonment for murder and ten (10) to

[ 318 Pa. Super. Page 541]

    twenty (20) years for burglary; sentence was suspended on the other charges.

Young appealed directly from the judgment of sentence imposed on the murder conviction to the Pennsylvania Supreme Court. An appeal from the judgment of sentence imposed on the burglary conviction was filed in the Pennsylvania Superior Court and later certified to the Supreme Court. In an Opinion authored by Chief Justice Eagen, appellant's judgments of sentence were affirmed. Commonwealth v. Young, 477 Pa. 212, 383 A.2d 899 (1978).

On September 24, 1979, appellant filed a pro se PCHA petition and was appointed counsel, who, in turn, filed an amended PCHA petition and brief in support of appellant's contentions. Thereafter, by order and accompanying Opinion dated April 13, 1982, appellant's petition for relief under the PCHA was denied. This appeal followed.

Appellate counsel, who also represented appellant at the PCHA level but not at trial, raises the same questions, save for Number 4 infra, on appeal as presented to the PCHA court. They are framed in the "Statement of Questions Involved" section of appellant's brief as follows:

1. Did the questioning of the Appellant who was a juvenile, without first affording him the opportunity to consult with a parent or adult, violate his Miranda Rights?

2. At the trial, was evidence introduced which had been obtained pursuant to an unlawful arrest?

3. Was evidence, obtained pursuant to an unconstitutional search and seizure, introduced at trial?

4. Was Appellant's trial counsel ineffective in that he failed to move to suppress evidence obtained pursuant to an unconstitutional search and unconstitutional coerced confession? In addition, was counsel ineffective in ...


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