Com. v. Schroth

Decision Date03 July 1980
Citation415 A.2d 1219,490 Pa. 232
PartiesCOMMONWEALTH of Pennsylvania, v. Louis Cecil SCHROTH, Appellant.
CourtPennsylvania Supreme Court

Marion E. MacIntyre, First Asst. Dist. Atty., for appellee.

Before EAGEN, C. J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

PER CURIAM:

This is an appeal, nunc pro tunc, from an order entered in the Court of Common Pleas of Dauphin County dismissing a petition for post-conviction relief.

Appellant raises four assertions of ineffective assistance of counsel:

one: trial counsel was ineffective for failing to move to suppress appellant's October 25, 1972, confession;

two: trial counsel was ineffective for failing to object to opinion testimony concerning a fingerprint;

three: appellate counsel was ineffective for failing to preserve the suppression issue;

four: appellate counsel was ineffective for failing to preserve the issue of opinion testimony.

No evidentiary hearing was held and the record is insufficient to determine if counsel failed to preserve issues of arguable merit.

Accordingly, the record is remanded to conduct an evidentiary hearing on appellant's claims of ineffective assistance of counsel. Thereafter, the record and findings will be returned to this Court for disposition of the instant appeal.

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4 cases
  • Com. v. Anderson
    • United States
    • Pennsylvania Supreme Court
    • July 14, 1980
  • Commonwealth v. Schroth
    • United States
    • Pennsylvania Supreme Court
    • July 10, 1981
    ... ... When he returned ... to get it, appellant found the victim's body lying on the ... floor. Appellant further denied making any inculpatory ... statements ... In ... considering appellant's claim of ineffective counsel, we ... are governed by Com. ex rel. Washington v. Maroney, ... 427 Pa. 599, 235 A.2d 349 (1967), where we held that a court ... must independently review the record and examine ... counsel's stewardship in light of available alternatives ... The inquiry ceases and counsel is deemed to have been ... effective once the ... ...
  • Com. v. Schroth
    • United States
    • Pennsylvania Supreme Court
    • September 28, 1981
    ...the petition without a hearing. Appellant appealed that dismissal and we remanded for an evidentiary hearing. Commonwealth v. Schroth, 490 Pa. 232, 415 A.2d 1219 (1980). Following a hearing, the trial court denied relief. This appeal Appellant was charged with the death of Linda Lugar. Acco......
  • Commonwealth v. Yancey
    • United States
    • Pennsylvania Superior Court
    • July 16, 1982
    ... ... state of the record is insufficient to make a [301 Pa.Super ... 430] final determination of the claims. Commonwealth v ... Schroth, 490 Pa. 232, 415 A.2d 1219 (1980) ... Accordingly, the record must be remanded to the lower court ... to conduct an evidentiary hearing ... ...

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