Commonwealth v. Mitchell

On April 14, 1977, appellant filed pro se a petition for relief under the Post Conviction Hearing Act. See 19 P.S. §§ 1180-1 et seq. (Supp. 1978-79). On June 3, 1977, the lower court dismissed the petition without appointing counsel to represent appellant. The court reasoned that the appointment of counsel and a hearing on the petition were unnecessary because all appellant’s claims had been finally litigated or waived. From this dismissal, appellant has appealed pro se.

Appellant was convicted on September 20, 1972, and was sentenced to a term of 7V2 to 15 years imprisonment. A direct appeal…