Commonwealth v. Derk

ORDER

The Court being evenly divided, the Order of the Superior Court is affirmed.

NEWMAN, J., files an Opinion in Support of Affirmance in which CASTILLE and NIGRO, JJ., join. CAPPY, J., files an Opinion in Support of Reversal in which FLAHERTY, C.J., and ZAPPALA, J., join.

OPINION IN SUPPORT OF AFFIRMANCE

NEWMAN, Justice.

We granted review in this matter limited to the issue of whether Appellant’s trial counsel was ineffective for failing to request a “corrupt source” jury instruction. For the reasons that follow, we affirm the Superior Court because the record shows that trial counsel had a…