Commonwealth v. Tenner

OLSZEWSKI, Judge:

This is an appeal from an order denying appellant’s petition for relief under the Post Conviction Hearing Act (“PCHA”) which alleged that trial counsel was ineffective for failing to demonstrate at a Rule 1100 hearing, via documentary evidence, that the Commonwealth had failed to exercise due diligence. We affirm the denial of the petition.

On January 7, 1978, appellant and an accomplice forced entry into the home of Mildred Clark and bound and gagged her, threatened to kill her, stabbed her five times, and fled with her cash and jewelry. As a result, law enforcement officials…