Commonwealth v. Phifer
Commonwealth v. Phifer
Opinion of the Court
Appellant’s conviction of robbery was affirmed in a per curiam order by this Court on direct appeal. Appellant then filed a petition pursuant to the Post Conviction Hearing Act, 19 P.S. § 1180-1 et seq., alleging that his trial counsel was ineffective for failing to have two alibi witnesses present and testify at his trial. The lower court conducted an evidentiary hearing, failed to dispose of appellant’s claim, and, instead, ordered “that the Petitioner is hereby granted the right to file an appeal with the Superior Court of Pennsylvania on the issue of the effectiveness of his trial counsel.” Because the lower court failed to resolve the
Vacated and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.