Commonwealth ex rel. Gorman v. Maroney

Superior Court of Pennsylvania

Commonwealth ex rel. Gorman v. Maroney

211 A.2d 21, 206 Pa. Super. 5, 1965 Pa. Super. LEXIS 749

CourtSuperior Court of Pennsylvania

DecidedJune 17, 1965

DocketAppeal, No. 182

StatusPublished

This text of 211 A.2d 21 (Commonwealth ex rel. Gorman v. Maroney) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth ex rel. Gorman v. Maroney, 211 A.2d 21, 206 Pa. Super. 5, 1965 Pa. Super. LEXIS 749 (Pa. Ct. App. 1965).

Pincite

Opinion

Per Curiam,

Relator’s petition for a writ of habeas corpus was dismissed without a hearing. Although he signed a statement in which he admitted that he understood the charges against him, had no defense to the charges against him, and had been offered but refused counsel, there is nothing else in the record to show that he intelligently and willingly waived his constitutional right to counsel. Under our decision in Commonwealth ex rel. Ross v. Botula, 206 Pa. Superior Ct. 1, 211 A. 2d 42, the order of the Court of Common Pleas of Fayette County is reversed and the record is remanded to that court with directions to hold a hearing on the petition.

Eevin, P. J., dissents because the relator signed an express waiver of counsel.

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Opinion

Per Curiam,

Relator’s petition for a writ of habeas corpus was dismissed without a hearing. Although he signed a statement in which he admitted that he understood the charges against him, had no defense to the charges against him, and had been offered but refused counsel, there is nothing else in the record to show that he intelligently and willingly waived his constitutional right to counsel. Under our decision in Commonwealth ex rel. Ross v. Botula, 206 Pa. Superior Ct. 1, 211 A. 2d 42, the order of the Court of Common Pleas of Fayette County is reversed and the record is remanded to that court with directions to hold a hearing on the petition.

Eevin, P. J., dissents because the relator signed an express waiver of counsel.

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Bluebook (online)

211 A.2d 21, 206 Pa. Super. 5, 1965 Pa. Super. LEXIS 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-gorman-v-maroney-pasuperct-1965.

Opinion

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