Commonwealth v. Frazier

Supreme Court of Pennsylvania

Commonwealth v. Frazier

314 A.2d 16, 455 Pa. 162, 1974 Pa. LEXIS 617

CourtSupreme Court of Pennsylvania

DecidedJanuary 24, 1974

DocketAppeal, 434

StatusPublished

Cited by11 cases

This text of 314 A.2d 16 (Commonwealth v. Frazier) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth v. Frazier, 314 A.2d 16, 455 Pa. 162, 1974 Pa. LEXIS 617 (Pa. 1974).

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Opinion

Opinion by Mr.

Justice Roberts,

Appellant, Daniel Frazier, appeals from the denial of relief under the Post Conviction Hearing Act [PCHA], Act of January 25, 1966, P.L. (1965) 1580, 19 P.S. §§ 1180-1 to -14 (Supp. 1973). Certain of the issues he presently raises were decided adversely to him in his direct appeal, Commonwealth v. Frazier, 443 Pa. 178, 279 A.2d 33 (1971), and are therefore finally litigated. PCHA, supra at 19 P.S. § 1180-4(a) (3). These *163 issues may not now be reconsidered, either under the theories then advanced, or under new theories now argued. Commonwealth v. Orr, 450 Pa. 632, 301 A.2d 608 (1973); Commonwealth v. Slavik, 449 Pa. 424, 297 A.2d 920 (1972).

Appellant’s remaining claims were raised in the trial court, decided on the merits, and not presented in his direct appeal. Consequently, they are likewise finally litigated and may not be reviewed. PCHA, supra at 19 P.S. § 1180-4(a) (1).

Appellant asserts, however, that his appellate counsel was ineffective because counsel did not present on direct appeal every issue raised at trial. Our examination of the record satisfies us that this contention is without merit. See Commonwealth v. Hill, 450 Pa. 477, 301 A.2d 587 (1973); Commonwealth v. Baker, 429 Pa. 209, 239 A.2d 201 (1968); Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). See also ABA Code of Professional Responsibility, DR 7-101 (B)(1) (1969).

Order affirmed.

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Opinion by Mr.

Justice Roberts,

Appellant, Daniel Frazier, appeals from the denial of relief under the Post Conviction Hearing Act [PCHA], Act of January 25, 1966, P.L. (1965) 1580, 19 P.S. §§ 1180-1 to -14 (Supp. 1973). Certain of the issues he presently raises were decided adversely to him in his direct appeal, Commonwealth v. Frazier, 443 Pa. 178, 279 A.2d 33 (1971), and are therefore finally litigated. PCHA, supra at 19 P.S. § 1180-4(a) (3). These *163 issues may not now be reconsidered, either under the theories then advanced, or under new theories now argued. Commonwealth v. Orr, 450 Pa. 632, 301 A.2d 608 (1973); Commonwealth v. Slavik, 449 Pa. 424, 297 A.2d 920 (1972).

Appellant’s remaining claims were raised in the trial court, decided on the merits, and not presented in his direct appeal. Consequently, they are likewise finally litigated and may not be reviewed. PCHA, supra at 19 P.S. § 1180-4(a) (1).

Appellant asserts, however, that his appellate counsel was ineffective because counsel did not present on direct appeal every issue raised at trial. Our examination of the record satisfies us that this contention is without merit. See Commonwealth v. Hill, 450 Pa. 477, 301 A.2d 587 (1973); Commonwealth v. Baker, 429 Pa. 209, 239 A.2d 201 (1968); Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). See also ABA Code of Professional Responsibility, DR 7-101 (B)(1) (1969).

Order affirmed.

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314 A.2d 16, 455 Pa. 162, 1974 Pa. LEXIS 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-frazier-pa-1974.

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