Commonwealth v. Mears

Supreme Court of Pennsylvania

Commonwealth v. Mears

311 A.2d 615, 454 Pa. 222, 1973 Pa. LEXIS 749

CourtSupreme Court of Pennsylvania

DecidedNovember 26, 1973

DocketAppeal, 366

StatusPublished

Cited by3 cases

This text of 311 A.2d 615 (Commonwealth v. Mears) 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. Mears, 311 A.2d 615, 454 Pa. 222, 1973 Pa. LEXIS 749 (Pa. 1973).

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Opinion

Per Curiam,

The appellant, Early Mears, pleaded guilty to murder generally on June 22, 1955. Following a degree of guilt hearing, he was convicted of murder in the first degree, and sentenced to life imprisonment. No post-trial motions were filed and no appeal was taken. In 1968, the appellant filed a Post Conviction Hearing Act petition. Relief was denied on June 26, 1969. On appeal to this Court, the case was remanded pursuant to a per curiam order dated April 22, 1970, and the appellant was granted the opportunity to file post-trial *224 motions. Post-trial motions were denied and this appeal followed.

In this appeal, the appellant claims that: (1) Ms guilty plea was not knowingly and intelligently made because it was based (a) on an illegally obtained confession and (b) on the improper advice of counsel. (2) he was denied the effective assistance of counsel during Ms degree of guilt hearing. We have reviewed the appellant’s claims and conclude they are without merit. Appellant’s guilty plea was entered knowingly and intelligently. Commonwealth v. Butler, 446 Pa. 274, 288 A. 2d 800 (1972). We have considered the totality of the circumstances surrounding the appellant’s confession and conclude that the confession was made voluntarily. Commonwealth v. Madilia, 439 Pa. 125, 266 A. 2d 633 (1970); see Fikes v. Alabama, 352 U.S. 191, 1 L. Ed. 2d 246, 77 S. Ct. 281 (1957). We also conclude from an examination of the record that the appellant received the effective assistance of counsel prior to his guilty plea and at the degree of guilt hearing. Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A. 2d 349 (1967).

Judgment of sentence affirmed.

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Opinion

Per Curiam,

The appellant, Early Mears, pleaded guilty to murder generally on June 22, 1955. Following a degree of guilt hearing, he was convicted of murder in the first degree, and sentenced to life imprisonment. No post-trial motions were filed and no appeal was taken. In 1968, the appellant filed a Post Conviction Hearing Act petition. Relief was denied on June 26, 1969. On appeal to this Court, the case was remanded pursuant to a per curiam order dated April 22, 1970, and the appellant was granted the opportunity to file post-trial *224 motions. Post-trial motions were denied and this appeal followed.

In this appeal, the appellant claims that: (1) Ms guilty plea was not knowingly and intelligently made because it was based (a) on an illegally obtained confession and (b) on the improper advice of counsel. (2) he was denied the effective assistance of counsel during Ms degree of guilt hearing. We have reviewed the appellant’s claims and conclude they are without merit. Appellant’s guilty plea was entered knowingly and intelligently. Commonwealth v. Butler, 446 Pa. 274, 288 A. 2d 800 (1972). We have considered the totality of the circumstances surrounding the appellant’s confession and conclude that the confession was made voluntarily. Commonwealth v. Madilia, 439 Pa. 125, 266 A. 2d 633 (1970); see Fikes v. Alabama, 352 U.S. 191, 1 L. Ed. 2d 246, 77 S. Ct. 281 (1957). We also conclude from an examination of the record that the appellant received the effective assistance of counsel prior to his guilty plea and at the degree of guilt hearing. Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A. 2d 349 (1967).

Judgment of sentence affirmed.

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311 A.2d 615, 454 Pa. 222, 1973 Pa. LEXIS 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mears-pa-1973.

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