Commonwealth v. Foster
Commonwealth v. Foster
Opinion of the Court
Appellant, Samuel Foster, appeals from the lower court’s denial, after hearing, of his requested relief under the Post-
The salient facts are: The offense for which defendant was convicted occurred in Upper Moreland Township, Montgomery County, on July 10, 1972, and a criminal complaint was lodged against defendant on July 12, 1972. The day before, July 11, 1972, petitioner had been arrested on another offense in New Jersey. He was subsequently tried on the New Jersey offense, convicted and transferred to Federal custody. In July of 1972, the Upper Moreland Police Department lodged detainers against petitioner under the name Ralph Hargrove, a/k/a Samuel Foster, in Cinnaminson Township, New Jersey, but the department was not informed until September, 1973 that petitioner was incarcerated in the federal penitentiary in Petersburg, Virginia. On October 31,1973, petitioner was for some reason delivered to the Philadelphia Detention Center apparently on the order of Judge Blake of Philadelphia.
Appellant was then arraigned on the subject charges on January 3, 1974. A preliminary hearing was scheduled for January 10, 1974, but was postponed. Subsequently, on April 8,1974, petitioner was sent back to Petersburg, Virgin
Specifically, appellant claims that his trial and appellate counsel were ineffective for failing to raise the defense of Article IV(e) of the Agreement on Detainers. Article IV(e) states that
[I]f trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment . . ., such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
Because of serious omissions in the testimony of the P.C.H.A. hearing, we cannot at this juncture decide appellant’s claim of ineffectiveness of counsel.
For example, why was the petitioner-appellant sent back to the federal penitentiary in Petersburg, Virginia, discharged and then voluntarily returned to Pennsylvania?
Did petitioner request the return to Virginia thus perhaps altering his right to a trial before his return? More importantly, was this (as the record tends to suggest) whole area part of petitioner’s admitted strategy to “buy” time and “rehabilitate” himself in the eyes of the Pennsylvania court? Indeed, a careful reading of the trial transcript reveals that during the P.C.H.A. hearing below, trial counsel himself was
Because of this glaring omission in the P.C.H.A. testimony, any decision at this point would be based in large part on speculation as to why counsel omitted this argument. We cannot assume that there can be no reason to omit and summarily order the discharge of a man found guilty of several serious crimes (and with a history of other crimes). On the contrary, there may have been good reasons, based on sound inferences drawn from the record and based on the clear opinion of the court below—an opinion written by one who had the opportunity to personally observe the crucial parties and their testimony and which is to be accorded great deference under the law of our Commonwealth.
Therefore, we are remanding for further testimony as to the reasons for counsel’s actions since it is not absolutely clear from the record that no reasonable basis existed for those actions.
This court shall retain jurisdiction.
. Act of January 25, 1966, P.L. (1965) 1580, as amended 19 P.S. § 1180-1, et seq. (Supp. 1981-82)
. Although appellant raises numerous allegations on this appeal, we regard this as the most crucial.
. The record does not indicate how the Philadelphia Court system became involved, however, the P.C.H.A. Court speculated that Philadelphia wanted to dispose of its charges involving this defendant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.