Commonwealth v. McCall

We granted appeal in this matter to determine whether former counsel for Ricky Lynn McCall (Appellant) was ineffective for failing to brief and argue on direct appeal Appellant’s subsequent acquittal of a prior crime that was used as evidence of motive and intent during trial of the instant matter, thus entitling him to relief pursuant to the Post-Conviction Relief Act, 42 Pa.C.S. §§ 9541 — 9546.

Facts and Procedural History

In February of 1992, Appellant was residing in Butler County in a home owned by Francis Blystone (Blystone), and Blystone’s child. Her boyfriend, Gary Risinger, also lived…