Commonwealth ex rel. Melensky v. Maroney
Commonwealth ex rel. Melensky v. Maroney
Opinion of the Court
Opinion by
Relator, Theodore J. Melensky, on January 19, 1954, filed, in the Court of Common Pleas of Beaver County, a petition for writ of habeas corpus. He averred that he had not been afforded a fair and impartial trial when he was convicted on June 11, 1952, on a bill of indictment charging burglary, larceny, and receiving stolen goods, at No. 4, June Term, 1952, in the Court of Oyer and Terminer of Beaver County. He had been indicted with two others — Marino Michelotti and Walter Green. Michelotti and Green
The relator further set forth in his petition that his trial counsel failed to serve notice upon him as to the exact date of his trial, that he was not given an opportunity to subpoena his witnesses before trial, and that his trial counsel failed to notify relator’s wife and his attorney, S. IT. Reichman, Esq., of the Allegheny County Bar as to the date relator was to be tried. Finally, relator contends that he was not represented by competent and adequate counsel at his trial.
The warden of the Western State Penitentiary and the District Attorney of Beaver County filed answers to relator’s petition. Hearing was held on April 2, 1954, in the Court of Common Pleas of Beaver County on the petition and answers. At the hearing relator was represented by court-appointed counsel. Relator was present and testified. Both attorneys for relator •also testified. . Relator’s wife was not ..present .at the hearing on his petition for writ of habeas corpus and has since died. On April 9, 1954, the court dismissed relator’s petition and on May 25, 1954, filed its opinion.
. Relator’s trial counsel testified- that both relator and his wife, Mrs. Melensky, were told on Friday, June 6, 1952, that his case would probably be listed for trial
The court in its opinion states as follows: “We find as a fact that relator’s able counsel did notify him of the trial of his case and had him present in court during the whole trial. We find as a fact that relator’s counsel did notify relator’s wife of the time and place of trial by the only means which she placed in his hands for communication, namely, by calling the telephone number which she gave him in order to get in touch with her. We find as a fact that relator’s counsel failed to notify Pittsburgh counsel of the time and place of trial because Pittsburgh counsel had told him he did not want to be notified of the time and place of trial and that he did not want to be at the trial, and we further find that local counsel, of relator’s own choosing, would not have been aided in the slightest by the presence of additional counsel.”
The court’s findings are supported by the record, which also discloses that relator has a long criminal record beginning in 1937.
Order is affirmed.
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