Commonwealth v. Lott

In this appeal from an order denying PCHA relief without a hearing, the appellant contends that his trial counsel was constitutionally ineffective because he failed to object to or correct an erroneous alibi instruction by the trial court. The majority holds that there is no merit in appellant’s underlying contention that the trial court’s alibi instruction was erroneous. I respectfully dissent. The trial court’s alibi instruction, in my opinion, was contrary to the decided cases.

John Lott appeared before a jury charged with murder and criminal conspiracy. At trial, he offered an alibi…