Commonwealth v. Jones

Supreme Court of Pennsylvania

Commonwealth v. Jones

236 A.2d 521, 428 Pa. 208, 1968 Pa. LEXIS 875

CourtSupreme Court of Pennsylvania

DecidedJanuary 3, 1968

DocketAppeal, No. 335

StatusPublished

Cited by5 cases

This text of 236 A.2d 521 (Commonwealth v. Jones) 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.

Bluebook

Commonwealth v. Jones, 236 A.2d 521, 428 Pa. 208, 1968 Pa. LEXIS 875 (Pa. 1968).

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Opinion

Opinion by

Mb. Justice Eagen,

This is an appeal from an order below dismissing a petition for post-conviction relief without hearing.

Our examination of the record discloses that the allegations of the petition are sufficient to require a hearing below to determine if the petitioner was unconstitutionally deprived of the assistance of counsel in perfecting and prosecuting an appeal from the judgment of sentence under which he is confined, in violation of Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963). See Commonwealth ex rel. Neal v. Myers, 424 Pa. 576, 227 A. 2d 845 (1967); Commonwealth ex rel. Robinson v. Myers, 420 Pa. 72, 215 A. 2d 637 (1966) ; Commonwealth ex rel. Stevens v. Myers, 419 Pa. 1, 213 A. 2d 613 (1965).

The record will therefore be remanded for the purpose of an evidentiary hearing and for a determination of whether or not the petitioner intelligently and knowingly waived his right to the assistance of counsel on appeal. For the purposes of this hearing and preparation thereof, petitioner must be provided with the assistance of court-appointed counsel. See Commonwealth v. Richardson, 426 Pa. 419, 233 A. 2d 183 (1967) .

Order vacated and record remanded.

Mr. Justice Cohen took no part in the consideration or decision of this case.

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Opinion by

Mb. Justice Eagen,

This is an appeal from an order below dismissing a petition for post-conviction relief without hearing.

Our examination of the record discloses that the allegations of the petition are sufficient to require a hearing below to determine if the petitioner was unconstitutionally deprived of the assistance of counsel in perfecting and prosecuting an appeal from the judgment of sentence under which he is confined, in violation of Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963). See Commonwealth ex rel. Neal v. Myers, 424 Pa. 576, 227 A. 2d 845 (1967); Commonwealth ex rel. Robinson v. Myers, 420 Pa. 72, 215 A. 2d 637 (1966) ; Commonwealth ex rel. Stevens v. Myers, 419 Pa. 1, 213 A. 2d 613 (1965).

The record will therefore be remanded for the purpose of an evidentiary hearing and for a determination of whether or not the petitioner intelligently and knowingly waived his right to the assistance of counsel on appeal. For the purposes of this hearing and preparation thereof, petitioner must be provided with the assistance of court-appointed counsel. See Commonwealth v. Richardson, 426 Pa. 419, 233 A. 2d 183 (1967) .

Order vacated and record remanded.

Mr. Justice Cohen took no part in the consideration or decision of this case.

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236 A.2d 521, 428 Pa. 208, 1968 Pa. LEXIS 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-jones-pa-1968.

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