Commonwealth v. Rightnour

I dissent. Because appellant asserts a valid claim for relief which is cognizable under the Post Conviction Hearing Act (PCHA),1 the order dismissing appellant’s petition without a hearing should be reversed and a new trial granted.

Appellant was tried in October 1966 and found guilty of murder of the first degree. The judgment of sentence was appealed to this Court and affirmed by an equally divided Court. Commonwealth v. Rightnour, 534 Pa. 104, 253 A.2d 644 (1969).2 In November 1969 appellant petitioned for post-conviction relief. The PCHA court dismissed without a hearing believing that the…