Commonwealth v. Hoak
Commonwealth v. Hoak
Opinion of the Court
In 1969, appellant, represented by privately retained counsel, was convicted, after a jury trial, of conspiracy, robbery, receiving stolen property and armed robbery. On direct appeal, taken on appellant’s behalf by a public defender, this court affirmed per curiam without opinion. The Supreme Court of Pennsylvania denied allocatur. In 1977, appellant filed pro se a Post-Conviction Hearing Act (PCHA) petition, and a second public defender was appointed to represent him at the subsequent PCHA Hearing. Hearing counsel never moved to amend the petition. The hearing court refused to allow appellant to present any evidence and denied the petition.
On this appeal from that denial, appellant, represented by a third public defender, raises for the first time the claim that prior counsel were ineffective for failing to preserve and raise the argument that the jury observed appellant in handcuffs and were thereby unduly prejudiced against him.
Order vacated and case remanded for proceedings consistent with this opinion.
. The Commonwealth maintains, and the court below agreed, that this issue has been “finally litigated,” and thus is not properly before us, because it was raised post-verdict. It is clear, on reviewing
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Jessie HOAK
- Cited By
- 1 case
- Status
- Published