Commonwealth v. DiVentura

JOHNSON, J.:

¶ 1 Mitchell D. DiVentura appeals from the order denying his petition for a writ of habeas corpus. We affirm.

¶ 2 In April 1979, a jury found DiVentu-ra guilty of first-degree murder for the strangulation death of his wife. DiVentura filed a direct appeal to this Court alleging that his trial counsel was ineffective for failing to request a jury instruction on voluntary manslaughter. In October 1979, this Court granted DiVentura a new trial. Commonwealth v. DiVentura, 270 Pa.Super. 471, 411 A.2d 815, 818 (1979). Our Supreme Court affirmed the grant of a new trial. Commonwealth v.…