Commonwealth v. Duffey

Although I concur in the Majority Opinion’s resolution of appellant’s collateral claims concerning the guilt phase of trial, I respectfully dissent from its decision to remand for an evidentiary hearing on appellant’s layered claim of ineffective assistance of counsel arising from the prosecution’s reference, during the penalty phase, to appellant’s selective invocation of a right to remain silent during a psychiatric examination. In finding that this claim has arguable merit, the Majority imposes an absurd requirement that, when this case was tried in 1985, appellant’s trial counsel was…