Legal Opinion · Dissent

Commonwealth v. Easton

Superior Court of Pennsylvania

Decided February 6, 1985No. 1184 Philadelphia 1983Published

1Dissent

CIRILLO, Judge:

I must dissent from the majority’s disposition of this appeal, because I find it to be in contravention of the law on remands of PCHA petitions.

In Commonwealth v. Clemmons, 505 Pa. 356, 479 A.2d 955 (1984), our Supreme Court recently said that “where it is clear that allegations of ineffectiveness of counsel are baseless or meritless then an evidentiary hearing is unnecessary and the unfounded allegations should be rejected and dismissed.” Id., 505 Pa. at 361, 479 A.2d at 957. The record in this case demonstrates that appellant’s claims of ineffectiveness of his first appellate…

2Cases cited11 opinions

  1. Commonwealth Ex Rel. Washington v. MaroneySupreme Court of Pennsylvania · 1967
  2. Melzer v. WitsbergerSupreme Court of Pennsylvania · 1984
  3. Commonwealth v. ClemmonsSupreme Court of Pennsylvania · 1984
  4. Commonwealth v. AndersonSupreme Court of Pennsylvania · 1983
  5. Commonwealth v. BrinkleySupreme Court of Pennsylvania · 1984

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