Com. ex rel. Pursell v. Morgan

Decision Date10 November 1992
Citation532 Pa. 296,615 A.2d 732
PartiesCOMMONWEALTH of Pennsylvania, ex rel. Alan PURSELL, Relator, Appellant, v. James M. MORGAN, Warden at Western Penitentiary, and William R. Cunningham, District Attorney, Appellees.
CourtPennsylvania Supreme Court

Appeal No. 101 Western District Appeal Docket 1991 from the Orders of the Court of Common Pleas of Erie County, dated June 4, 1991 and June 10, 1991, at No. 2188 A 1991, denying the Petition for Writ of Habeas Corpus Ad Subjiciendum, and the Petition for Appointment of Counsel.

Alan Pursell, pro se.

William A. Cunningham, Dist. Atty., Kenneth A. Zak, Asst. Dist. Atty., Erie, for appellees.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.

ORDER

PER CURIAM.

The appeal in the above-captioned case is hereby dismissed without prejudice. The trial court is ordered to proceed with the appellant's presently pending, counseled Petition pursuant to the Post-Conviction Relief Act.

LARSEN, J., notes his dissent.

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3 cases
  • Com. v. Pursell
    • United States
    • Pennsylvania Supreme Court
    • January 19, 1999
    ...PCRA Petition were previously litigated or waived.4 The Appellant then filed this pro se appeal. He raises the three issues addressed by the PCRA court and twenty-seven claims that court-appointed PCRA counsel declined to advance, and which the trial court refused to allow him to raise pro ......
  • Com. v. Davis
    • United States
    • Pennsylvania Supreme Court
    • January 7, 1993
  • Gonzales v. Aguirre
    • United States
    • Pennsylvania Supreme Court
    • November 10, 1992

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