Commonwealth v. Coleman
Commonwealth v. Coleman
Opinion of the Court
This is an appeal from the denial of appellant’s Post Conviction Hearing Act
Petitioner argues that the lower court erred in not permitting him to question the effectiveness of trial counsel throughout all the proceedings and by limiting such questioning to counsel’s actions in post-trial proceedings only. He further argues that the lower court erred in finding that there was a knowing, intelligent and voluntary waiver of his right to file post-verdict motions.
We find that petitioner was not given a full and complete evidentiary hearing on the issue of ineffectiveness of counsel in that the hearing judge mistakenly limited the scope of the inquiry. Judge Moss determined that appellant had raised only post-trial ineffectiveness of counsel because contained in the body of the form petition was a statement that petitioner was never informed by the court or his attorney that he had a right to appeal after conviction and sentence. However, appellant’s petition included an amendment attached thereto which stated that during the course of the pre-trial, trial, post trial and sentencing stages, petitioner was denied the effective assistance of counsel. This amendment was not considered by Judge Moss. It is noted that the original petition and amendment were prepared by appellant without the help of counsel. Petitioner, therefore, did allege the ineffectiveness of trial counsel at all stages of the proceedings and the hearing judge should have made findings regarding this.
The second issue raised by appellant as to knowing and voluntary waiver cannot be resolved at this time since it too deals with the effectiveness of counsel as a whole. ■
concurring and dissenting: I agree with the majority that this case should be remanded for an evidentiary hearing on the effectiveness of trial counsel at each stage of the lower court proceedings. I would not require that a different hearing judge be appointed.
. Act of January 25, 1966, P.L. 1580, § 1, eff. March 1, 1966; 19 P.S. § 1180-1 et seq.
Dissenting Opinion
dissenting:
I would affirm, being of the opinion that the PCHA court committed neither an error of law or an abuse of discretion in its disposition of the case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.