Legal Opinion

Commonwealth Ex Rel. Ross v. Botula

Superior Court of Pennsylvania

Decided June 17, 1965No. Appeal, 148PublishedCited by 17 opinions

1Opinion of the Court

Opinion by

Hoffman, J.,

In 1960, James Ross, appellant, was sentenced to imprisonment for larceny. This sentence followed a plea of guilty by appellant who was without the assistance of counsel at any stage of the proceedings.

In 1965, appellant, again without counsel, filed a petition for writ of habeas corpus in the Court of Common Pleas of Crawford County. The petition was denied on January 21, 1965, without a hearing. The appeal from that denial is presently before us.

The single question in this case is whether appellant effectively waived his constitutional right to counsel.

The Commonwealth…

Also in this document: Dissent.

2Cases cited6 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Carnley v. CochranSupreme Court of the United States · 1962
  3. Von Moltke v. GilliesSupreme Court of the United States · 1948
  4. Commonwealth Ex Rel. O'Lock v. RundleSupreme Court of Pennsylvania · 1964
  5. Commonwealth ex rel. McCray v. RundleSupreme Court of Pennsylvania · 1964

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Commonwealth v. PhillipsSuperior Court of Pennsylvania · 1966
  2. Commonwealth ex rel. Fairman v. CavellSupreme Court of Pennsylvania · 1966
  3. Commonwealth v. HowardSuperior Court of Pennsylvania · 1967
  4. Commonwealth v. HauserSuperior Court of Pennsylvania · 1979
  5. Commonwealth ex rel. Clinger v. RussellSuperior Court of Pennsylvania · 1965

12 more not listed; retrieve them via the Exa API.

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