Commonwealth v. Fallings

JACOBS, Judge:

This appeal arises from Appellant Jerry Fallings’ conviction, in a jury trial, of burglary, and from the denial of post trial motions for a new trial and in arrest of judgment. Appellant asserts that the trial court erred in refusing to grant a motion for continuance made at the time of trial and that his trial counsel was ineffective in that counsel failed to seek compulsory process to secure the attendance of a material witness at trial. 1 We reverse and remand for a new trial because we agree that appellant was denied effective assistance of counsel; 2 we need not, therefore,…