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Commonwealth v. Gikami

Supreme Court of Pennsylvania

March 11, 2014

COMMONWEALTH OF PENNSYLVANIA, Respondent
v.
WALTER K. GIKAMI, Petitioner

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 1759 MDA 2011 filed May 8, 2012, affirming the Judgment of Sentence of the Dauphin County Court of Common Pleas at No. CP-22-CR-0002267-2010 filed September 19, 2011.

Mr. Justice Stevens would deny.

OPINION

PER CURIAM

ORDER

AND NOW, this 11th day of March 2014, the Petition for Allowance of Appeal is GRANTED, the Superior Court's decision is VACATED, and the matter is REMANDED to the Common Pleas Court for further proceedings consistent with Commonwealth v. Holmes, 79 A.3d 562 (Pa. 2013).

Mr. Justice Stevens would deny, clarifying that he would not want to encourage trial courts to automatically accept claims of ineffectiveness simply because of the

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alleged failure of counsel to mention deportation as a possible consequence.


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