Commonwealth v. Eckhart
Commonwealth v. Eckhart
Opinion of the Court
Opinion by
Appellant was originally found guilty by a jury of first-degree murder in January 1966 and was sentenced to life imprisonment. On direct appeal, this Court
On July 9, 1973, appellant filed an amended PCHA petition nunc pro tunc. A hearing was held on this petition on October 19, 1973, and on November 2, 1973, the trial court entered an opinion and order denying that petition. This appeal is from that order..
The only questions presented by this case relate to whether appellant’s guilty plea was voluntarily and knowingly entered. Appellant initially argues that his plea was the product of Ms fear of the death penalty. He claims that upon looking at the jury list, Ms attorney suggested that a jury might very well impose the death penalty upon Mm. He further asserts that he was motivated to plead by Ms attorney’s opiMon that a plea of guilty would result in a conviction of no Mgher than second-degree murder.
As to the first point, it should be noted that appellant’s guilty plea preceded our decision in Common
Appellant’s other related argument — that Ms counsel’s opinion that a guilty plea would result in no higher than second-degree murder conviction — is equally merit-less. The transcript of the proceedings where the plea was entered simply contradicts appellant’s contention:
Judgment of sentence affirmed.
Commonwealth v. Eckhart, 430 Pa. 311, 242 A.2d 271 (1968).
Act of January 25, 1966, P. L. 1580, 19 P.S. §1180-1 et seq.
Commonwealth v. Eckhart, 436 Pa. 361, 260 A.2d 750 (1970).
See Commonwealth ex rel. West v. Rundle, 428 Pa. 102, 237 A.2d 196 (1968), and Pa. Rule of Criminal Procedure 319.
Concurring Opinion
Concurring Opinion by
I agree that the order of the hearing court dismissing appellant’s PCHA petition should be affirmed. Before accepting a plea of guilty, the court has an af
Because tbe record discloses tbat appellant was possessed of tbe requisite understanding, knowledge, and intelligence when be entered his plea
Boykin v. Alabama, 395 U.S. 238, 242, 89 S. Ct. 1709, 1712 (1969); Commonwealth v. Maddox, 450 Pa. 406, 300 A.2d 503 (1973); Pa. R. Crim. P. 319(a) ; see ABA Project on Standards for Criminal Justice, Standards Relating to the Function of the Trial Judge § 4.2 (Approved Draft, 1972).
Boykin v. Alabama, 395 U.S. 238, 241, 89 S. Ct. 1709, 1711 (1969); Commonwealth v. Maddox, 450 Pa. 406, 412, 300 A.2d 503, 506 (1973).
Boykin v. Alabama, 395 U.S. 238, 241-42, 89 S. Ct. 1709, 1711-12 (1969).
McCarthy v. United States, 394 U.S. 459, 467, 89 S. Ct. 1166, 1171 (1969).
At his PCHA hearing, appellant testified: “Q. Did you testify that the Judge likewise told you anything about the death penalty at all on that plea of guilty? What did the Judge teU you, if anything, about your guilty plea — about the death penalty? A. He told me if I’m found guilty on first degree, he can give me the death penalty. Q. So you knew that? A. Yes, he told me that. Q. But you still entered your guilty plea? A. Yea. Q. Knowing you could get the death penalty, you entered your plea anyway? A. Well, that’s what I thought at that time, but he never told me that I couldn’t get it no more. He never told me that I couldn’t get higher than it already was. Q. But you knew you could get the death penalty and you still entered your plea? A. Yea.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.