Commonwealth v. Wyatt
This text of 449 A.2d 569 (Commonwealth v. Wyatt) 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.
Opinion
[544]*544OPINION OF THE COURT
This is a petition of the Commonwealth for allowance of appeal from an order of a panel of the Superior Court granting respondent post-conviction relief from a judgment of sentence entered in 1974 upon a negotiated plea of guilty to kidnapping and related charges. The Superior Court, 292 Pa.Super. 71, 436 A.2d 1009, set aside the judgment on the basis of respondent’s theory that trial counsel was ineffective for failing to explain the presumption of innocence to respondent. After a thorough review of the record, including respondent’s own testimony at the evidentiary hearing on respondent’s request for relief, we are convinced that respondent failed to carry his burden of establishing that he did not understand the presumption of innocence. Thus respondent cannot prevail on his claim of ineffective assistance of trial counsel.
Petition granted. Order of the Superior Court vacated and record remanded to that court for proceedings consistent with this opinion.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
449 A.2d 569, 498 Pa. 543, 1982 Pa. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wyatt-pa-1982.