Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. ROBERT LEE HAGOOD (04/17/86)

SUPERIOR COURT OF PENNSYLVANIA


April 17, 1986

COMMONWEALTH OF PENNSYLVANIA
v.
ROBERT LEE HAGOOD, APPELLANT

Before: Tamilia, Johnson and Hoffman, JJ.

Per Curiam:

Order vacated and Case Remanded for an Evidentiary Hearing Consistent with this Opinion. Jurisdiction Relinquished.

JUDGMENT

ON CONSIDERATION WHEREOF, it is now hereby ordered and adjudged by this court that the PCHA Order of the Court of Common Pleas of Dauphin County is vacated and case remanded. Jurisdiction is relinquished.

Tamilia, J. files a concurring memorandum.

Disposition

ON CONSIDERATION WHEREOF, it is now hereby ordered and adjudged by this court that the PCHA Order of the Court of Common Pleas of Dauphin County is vacated and case remanded. Jurisdiction is relinquished.

CONCURRING MEMORANDUM BY TAMILIA, J.:

I concur in the result of the majority in remanding for an evidentiary hearing, but I believe it is a waste of judicial resources to remand on one of the issues of ineffectiveness and fail to deal with one that is extant.

The majority states in its closing paragraph:

Because we are remanding for an evidentiary

     hearing on the issue of the statements made by

Ms. Lane, we do not reach the merits of Appellant's

     final claim that trial counsel was ineffective

     for having failed to object to the comments of the

     trial judge in his charge to the jury.

Majority Memorandum at p. 6.

We should deal with the merits of that issue so that a further P.C.H.A. petition is precluded. The intent of the Post Conviction Hearing Act was to have all allegations of ineffectiveness resolved at one time. Unfortunately, this has proven impossible but we should endeavor to limit relitigation whenever possible.

19860417

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.