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[U] Commonwealth v. Jarmon

Superior Court of Pennsylvania

February 5, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
RICHARD JARMON, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the PCRA Order November 30, 2012 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0703901-2006; CP-51-CR-0703911-2006

BEFORE: GANTMAN, J., OLSON, J., and WECHT, J.

MEMORANDUM

GANTMAN, J.

Appellant, Richard Jarmon, appeals from the order entered in the Philadelphia County Court of Common Pleas, which denied and dismissed his first petition filed pursuant to the Post Conviction Relief Act ("PCRA").[1] We affirm.

In its opinion, the PCRA court fully and correctly set forth the relevant facts and procedural history of this case. Therefore, we have no reason to restate them.[2]

Appellant raises the following issues for our review:

DID THE PCRA COURT ERR WHEN IT DENIED APPELLANT POST-CONVICTION RELIEF IN THE ABSENCE OF AN EVIDENTIARY HEARING?
IS APPELLANT ENTITLED TO POST-CONVICTION RELIEF SINCE APPELLATE COUNSEL RENDERED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HE FAILED TO PROPERLY LITIGATE THE CLAIM OF INSUFFICIENCY OF [THE] EVIDENCE OR RAISE A CLAIM THAT THE VERDICTS OF GUILT ARE AGAINST THE WEIGHT OF THE EVIDENCE SINCE THE TRIAL TESTIMONY OF ERIC RICHARDSON AND DOMINIQUE SUTTON FAILED TO ESTABLISH APPELLANT'S GUILT BEYOND A REASONABLE DOUBT AND THEREFORE APPELLANT'S CONVICTION HAS BEEN OBTAINED IN VIOLATION OF HIS CONSTITUTIONAL RIGHT TO DUE PROCESS AND EQUAL PROTECTION OF THE LAW?
IS APPELLANT ENTITLED TO POST-CONVICTION RELIEF SINCE TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN AGREEING TO CONSOLIDATE THE OFFENSES CHARGED AND/OR BY FAILING TO SEEK SEVERANCE OF THE OFFENSES CHARGED DUE TO THE PREJUDICIAL IMPACT OF HAVING THE OFFENSES TRIED TOGETHER?
IS APPELLANT ENTITLED TO POST-CONVICTION RELIEF SINCE TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN FAILING TO OBJECT TO THE TRIAL COURT'S REFERENCE TO APPELLANT'S PRIOR RECORD AND INQUIRING AS TO WHETHER THE KNOWLEDGE OF APPELLANT'S PRIOR RECORD [A]FFECTED THE TRIAL COURT'S ABILITY TO PRESIDE IMPARTIALLY?
IS APPELLANT ENTITLED TO POST-CONVICTION RELIEF SINCE TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN FAILING TO SEEK SUPPRESSION AND/OR THE STRIKING OF THE TESTIMONY OF ERIC RICHARDSON AND DOMINQUE SUTTON GIVEN THE TESTIMONY OF THOSE WITNESSES WAS IN DIRECT CONFLICT WITH THE PHYSICAL FACTS OF THE CASE?
IS APPELLANT ENTITLED TO POST-CONVICTION RELIEF SINCE TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN FAILING TO UTILIZE THE TESTIMONY AND FINDINGS OF PRIVATE INVESTIGATOR SHARON WILLIAMS TO DISCREDIT THE TESTIMONY OF DOMINIQUE SUTTON?
IS APPELLANT ENTITLED TO POST-CONVICTION RELIEF SINCE APPELLATE COUNSEL RENDERED INEFFECTIVE ASSISTANCE IN FAILING TO AMEND APPELLANT'S APPEAL TO ...

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