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COMMONWEALTH PENNSYLVANIA v. JEFFREY CARR (08/26/83)

filed: August 26, 1983.

COMMONWEALTH OF PENNSYLVANIA,
v.
JEFFREY CARR, APPELLANT



No. 489 Philadelphia 1981, APPEAL FROM OPINION AND ORDER OF THE COURT OF COMMON PLEAS, TRIAL DIVISION, CRIMINAL SECTION, PHILADELPHIA COUNTY, AFTER DENIAL OF POST CONVICTION HEARING ACT RELIEF FROM FIRST DEGREE MURDER, CRIMINAL CONSPIRACY, AND POSSESSION OF INSTRUMENT OF CRIME, AS OF DECEMBER TERM, 1974, NOS. 1232, 1233, 1234.

COUNSEL

Marilyn Young, Philadelphia, for appellant.

Alan Sacks, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Hester, McEwen and Cirillo, JJ. McEwen, J., files a concurring opinion.

Author: Cirillo

[ 320 Pa. Super. Page 3]

Appellant, Jeffrey Carr, appeals from the denial by the lower court of his petition for post conviction relief pursuant to the Post Conviction Hearing Act (PCHA).*fn1 In his petition, filed by appointed counsel, appellant alleges ineffective

[ 320 Pa. Super. Page 4]

    assistance of both trial and appellate counsel*fn2 because of the introduction of his confession into evidence*fn3 at trial. Counsel, who represented appellant at the PCHA hearing and who, also, represents him on this appeal, did not represent appellant at trial or on appeal from appellant's conviction of first degree murder.

Appellant was indicted for murder,*fn4 voluntary manslaughter,*fn5 involuntary manslaughter,*fn6 criminal conspiracy,*fn7 and possession of an instrument of crime.*fn8 These charges stemmed from the following events. During the evening of November 23, 1974, appellant, then seventeen years old, engaged in two fistfights with the decedent, Calvin Dantzler, fifteen years old. Shortly after the second fight, appellant encountered the victim again and shot him. The police arrested the appellant on November 24, 1974. He was taken to police headquarters, given Miranda warnings, agreed to give a statement to the police; and, pursuant to a police officer's questions, he admitted fighting with the victim and shooting at the victim's legs.

On March 27, 1975, appellant filed a motion to suppress this statement. This motion was denied on April 1, 1975. On May 1, 1975, a jury trial commenced, and the appellant was found guilty of first degree murder, criminal conspiracy and possession of an instrument of crime. Motions for new trial and in arrest of judgment, alleging insufficiency of the evidence, were filed and denied on October 7, 1975.

[ 320 Pa. Super. Page 5]

Appellant was sentenced to life imprisonment on the murder conviction.

Appellate counsel appealed the conviction to the Supreme Court of Pennsylvania. Appellate ...


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