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COMMONWEALTH PENNSYLVANIA v. GARLAND J. ELAM (03/16/84)

filed: March 16, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
GARLAND J. ELAM, APPELLANT



No. 881 Philadelphia, 1982, Appeal from the PCHA Order of the Court of Common Pleas, Philadelphia County, Criminal Division, a Nos. 417-418 July Term, 71.

COUNSEL

Robert S. Robbins, Philadelphia, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Brosky, Montgomery and Cercone, JJ.

Author: Brosky

[ 325 Pa. Super. Page 513]

This is an appeal from the order dismissing appellant's Post Conviction Hearing Act (PCHA)*fn1 petition after a hearing. Appellant contends that trial counsel was ineffective for failing to: (1) attack the validity of a line-up identification; (2) obtain film from a bank camera; (3) have bullets taken from appellant's home suppressed; and (4) object to

[ 325 Pa. Super. Page 514]

    the introduction of the bullets at trial.*fn2 We disagree and, accordingly, affirm the order of the lower court.

We accept the history of the case stated in appellee's brief as follows:

This case is entering its twelfth year of litigation. Its long history began on May 12, 1971, when the victim, Anthony Norris, was unlocking the door of his truck parked at the northwest corner of Ridge and Susquehanna Avenues in Philadelphia. Norris noticed defendant and an accomplice standing behind his truck. A few seconds later, defendant was standing next to Norris, holding a gun to his face. Then, while his cohort rifled Norris' pockets, taking two wallets, defendant shot the victim in the left forehead. The gun was close enough to leave powder burns on Norris' face. Norris was hospitalized for twelve days and could not work for three months.

The next day, May 13, 1971, defendant presented a check in the victim's name for cashing at the First Pennsylvania Bank, where a teller, Phyllis Hudgins, recognized the check as being on the bank's stolen checks list. As she was taking the check to the bank manager, Hudgins turned and saw defendant running out the door. During her encounter with defendant, she had been only two or three feet from him.

Defendant was arrested on May 14, 1971. Small caliber bullets similar to the one used against the victim were found in his home, and he was positively identified in a line-up by the bank teller.

A pre-trial motion to suppress statements, physical evidence, and a photographic identification by the victim was heard February 4, 1972, by the Honorable Ethan Allen Doty and denied on March 15, 1972. Defendant was tried April 20, 1972, before the Honorable Juanita Kidd Stout, sitting without a jury, ...


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