Commonwealth v. Rightnour, 469 Pa. 107, 364 A.2d 927 (1976). You always want your victim to feel comfortable. Commonwealth v. Libonati, 346 Pa. 504, 508, 31 A.2d 95, 97 (1943). Thus counsel cannot be found to be ineffective for failing to preserve an objection which had no probability of success. [6] The petition again set forth the failure of counsel to file a brief or to make oral argument on appeal and the fact that the decision of this Court was by a vote of three to three, and repeated the charge that defendant's right of appeal had thus been denied him. The Commonwealth introduced into evidence a piece of paper found in a waste paper basket upon which Glenn's name and phone number were written in Sullivan's handwriting. The Commonwealth also called Irene Glenn. I agree with the Court in its affirmance of denial of post-conviction relief. Because of the serious disagreement among the members of this Court as to the sufficiency of the evidence in this case, we should be particularly careful to avoid condoning something which may have unfairly tipped the scales of justice against the appellant at trial. On November 3, 1966, an inquest was held by the Medical Examiner of the City of Philadelphia. There is no evidence that McGrath looked in every office in the building while he was cleaning, and it thus is entirely possible that there were others in the building when McGrath entered. It's an easy book to read, and even fun, if that's an appropriate word for a book about murder and union corruption. For these reasons it was an abuse of discretion to allow them to be shown to the jury. Even under the view announced by the majority in Petrakovich, however, the Powell test applies, because the color slides shown in this case were inflammatory. He was identified as a mob leader in the 1987 RICO lawsuit against top Teamsters that led to the present-day consent order. Three appeals resulted from the PCHA court's order. Thus by the stroke of the pen of a court of inferior jurisdiction is prior appellate action in the same case rendered nugatory. However, appellant was the only known person on the second floor whose whereabouts were unaccounted for during the shootings. He was tapped to head Local 326 in Wilmington as part of an internal Teamsters International reform effort that split Local 107 into several locals. In the instant case, Sullivan bases his claim of ineffective assistance of appellate counsel on two grounds: (1) the failure of counsel to file a brief in this Court and, (2) counsel's decision not to argue the case orally. During the evidentiary hearing before the Post Conviction Hearing Court, Judge DiBona, chief trial counsel for Sullivan, testified that he did not file a brief with this Court. The Irishman, Martin Scorseses latest Mafia epic, may alter the public perception but not the reality of who Frank Sheeran was and the role he played in the underworld. A civil rights league organized by mobsters to defend the rights of Italian-Americans victimized by stereotyping is, in itself, a stereotype. Reconstructing the shooting through these slides the prosecution sought to prove that neither victim could have shot the other, that Gorey was the principal target and *158 Janda was shot while she was attempting to hide beneath her desk to avoid the existence of a witness to the killing of Gorey. He stated that although a rough draft of a brief had been prepared he had no knowledge of its ever being filed. They were thus proper subjects of a PCHA petition, Commonwealth v. Dancer, 460 Pa. 95, 331 A.2d 435 (1975), and are now properly before us in the appeal at No. Ill hit him with a baseball bat, Allen replies. From this portion of the order Sullivan has appealed. The prosecutor played a tape recording of Gorey's voice for her but she was unable to identify the recorded voice as the one she had heard on the telephone.
Vernon Hills High School Famous Alumni, Articles T