Commonwealth v. Charleston

CONCURRING AND DISSENTING

OPINION BY

OLSON, J.:

I respectfully concur in part and dissent in part. I concur in the result reached by the learned majority with respect to Appellant’s claims that his trial counsel was ineffective for: failing to object to the prosecutor’s statement that he had a bad reputation for telling the truth; failing to object to the prosecutor’s closing argument; 1 and failing to seek a homicide by misadventure jury instruction. However, I believe that Appellant is entitled to an evidentiary hearing concerning his claims that his trial counsel was ineffective for failing…