Legal Opinion

Commonwealth v. Thomas

Superior Court of Pennsylvania

Decided September 18, 2006No. 3174 EDA 2005PublishedCited by 8 opinions

1Opinion of the Court

OPINION BY

JOHNSON, J.:

¶ 1 Leroy Thomas, a.k.a. John Wayne, (Thomas) appeals from the trial court’s order dismissing his ineffective assistance of counsel claims under the Post Conviction Relief Act (PCRA) without holding an evidentiary hearing. See 42 Pa.C.S. §§ 9541-46. Thomas contends that the trial court should have held a hearing and should have admitted as substantive evidence the Declaration/Affidavit of the late Raygina Fearon, who died while Thomas’s PCRA petition was pending. We find that Thomas’s claims are either waived or lack merit. Accordingly, we affirm the trial court’s order…

2Cases cited12 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. United States v. SchefferSupreme Court of the United States · 1998
  3. Commonwealth v. ChmielSupreme Court of Pennsylvania · 2005
  4. Commonwealth v. LawsonSupreme Court of Pennsylvania · 1988
  5. Estate of LakatoshSuperior Court of Pennsylvania · 1995

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3Cited by8 opinions

  1. Coulter v. Department of Public WelfareCommonwealth Court of Pennsylvania · 2013
  2. Com. v. Jordan, B.Superior Court of Pennsylvania · 2021
  3. Com. v. McCarty, S.Superior Court of Pennsylvania · 2015
  4. Com. v. Poole, H.Superior Court of Pennsylvania · 2020
  5. Com. v. Shauf, J.Superior Court of Pennsylvania · 2018

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