Commonwealth v. Baxter

CATANIA,. Judge:

Appellant raises two claims of ineffectiveness of trial counsel, for failure to object to an allegedly defective waiver of jury trial and for failure to seek recusation of the trial judge. For reasons stated herein, the case is remanded for an evidentiary hearing to determine whether counsel’s failure to seek recusal of the trial judge, under the circumstances of the case, was proper and designed to effectuate his client’s best interests, the standard for effective representation set forth in the leading case, Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1975).

The facts…