Commonwealth v. Perry

OPINION OF THE COURT

FLAHERTY, Justice.

In this appeal from a death sentence, appellant claims that his trial counsel was constitutionally ineffective. Appellant is correct, and a new trial is necessary due to inexcusably derelict representation by defense counsel.

In the early morning hours of August 7, 1987, appellant, Curry Perry, took his neighbor, Michael Shuler, to a private masonic club in Philadelphia as his guest. The two drank together, then argued over Perry’s assertion that Shuler had broken into his apartment, then fought, and Perry stabbed Shuler twice in the chest, fatally…