Legal Opinion

Commonwealth v. Rightnour

Supreme Court of Pennsylvania

Decided October 8, 1976No. 23PublishedCited by 27 opinions

1Opinion of the Court

OPINION

2Per curiam

The appellant’s prior direct appeal to this Court resulted in an affirmance of the judgment of sentence by an equally divided court. Commonwealth v. Rightnour, 435 Pa. 104, 253 A.2d 644 (1969). Appellant later sought post-conviction relief, but his petition was dismissed on *110the ground that the issues sought to be raised had been “finally litigated” within the meaning of § 1180-4 of the Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, § 4, 19 P.S. 1180-4. This appeal followed.

We are of the opinion that the former appeal did not constitute “final litigation” under…

3Cases cited9 opinions

  1. Neil v. BiggersSupreme Court of the United States · 1972
  2. Commonwealth v. SchmidtSupreme Court of Pennsylvania · 1973
  3. Creamer v. Twelve Common Pleas JudgesSupreme Court of Pennsylvania · 1971
  4. First Congressional District ElectionSupreme Court of Pennsylvania · 1928
  5. Commonwealth v. RightnourSupreme Court of Pennsylvania · 1969

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

4Cited by27 opinions

  1. Witt v. StateSupreme Court of Florida · 1980
  2. Commonwealth v. TarverSupreme Court of Pennsylvania · 1981
  3. Commonwealth v. CovilSupreme Court of Pennsylvania · 1977
  4. Commonwealth v. ZillgittSupreme Court of Pennsylvania · 1980
  5. Commonwealth v. BetrandSupreme Court of Pennsylvania · 1979

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

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