Commonwealth v. Perry

OPINION BY

FITZGERALD, J.:

¶ 1 Appellant, Admiral Perry, files this pro se appeal from the order entered in the Delaware Country Court of Common Pleas, denying his first petition filed under the Post Conviction Relief Act (PCRA).1 We find that the PCRA court erred in finding Appellant’s claims previously litigated, and that trial counsel had a reasonable basis for his failure to call the police sketch artist as a witness. Nonetheless, having found that no prejudice occurred, we affirm.

*934¶2 The nature and history of the case are as follows. On June 26, 1980, Kay Aisenstein left her home in the…