Commonwealth v. Goosby
Commonwealth v. Goosby
Opinion of the Court
OPINION OF THE COURT
Appellant was convicted of voluntary manslaughter on May 5, 1972. After post-trial motions were filed and denied, he was sentenced to not less than three nor more than six years’ imprisonment. A direct appeal followed, and we affirmed the conviction in Commonwealth v. Goosby, 450 Pa. 609, 301 A.2d 673 (1973).
Although a statement of the appellant, which was both incriminatory and exculpatory, was necessarily accepted into evidence at trial because of the determination of the suppression court,
In the evidentiary hearing on the issue, trial counsel stated he did not object to the confession because he intended to use the confession affirmatively.
At trial the Commonwealth had presented two eye-witnesses to the events surrounding the crime. The testimony of those witnesses placed the appellant at the scene and unequivocally inculpated appellant as the perpetrator of the homicide. Although appellant’s statement to the police contained an admission that he had shot the victim, it also indicated that he had acted in self-defense or at least in the heat of passion. By acquiescing to the ad
Order affirmed.
. See Pa.R.Crim.P. 323(j), 19 P.S. Appendix.
. Jurisdiction is based on Section 11 of the Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, § 11, 19 P.S. § 1180-11, and Section 202 of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, No. 233, art. II, i 202, 17 P.S. § 211.202.
. Appellant vigorously argues that part of counsel’s appellate ineffectiveness was the failure to assert Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972), as a rationale for reversal. For our purposes, however, it is irrelevant that counsel could have asserted Futch or any other argument as grounds for reversal. Once it was determined that counsel made a conscious and reasonable choice to use the confession affirmatively, any and all possible grounds upon which the confession might have been suppressed were irretrievably abandoned.
Concurring Opinion
(concurring).
The admission of appellant’s statement of trial could not be assigned as error on appeal because that issue was not raised in post-verdict motions. Therefore, I agree with the majority that appellate counsel’s failure to present that issue does not constitute ineffective assistance of appellate counsel. The PCHA court properly denied appellant’s petition for post conviction relief.
The other issues discussed by the majority were not advanced by the appellant as grounds for reversal of the PCHA court’s order and I would therefore not reach them.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Andrew GOOSBY, Appellant
- Cited By
- 32 cases
- Status
- Published