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Commonwealth v. Littlejohn

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eBook details

  • Title: Commonwealth v. Littlejohn
  • Author : Commonwealth Court of Pennsylvania
  • Release Date : January 24, 1969
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Because both of these cases squarely present the same issue for our determination, we have consolidated them for the purpose of opinion. In No. 445, appellant Leonard Archambault, who is serving a life sentence following a conviction for first degree murder, filed a petition under the Post Conviction Hearing Act alleging that he did not knowingly and intelligently waive his right to a direct appeal. A hearing was held at which appellants trial counsel testified that he remembered appellants trial, that he had told appellant there was no possibility of securing relief through appeal, and that he warned appellant of the possibility of receiving the death penalty, rather than his present sentence of life imprisonment, should he be granted a new trial. The hearing judge chose to believe this account, notwithstanding appellants contrary recollection, and found that appellant had knowingly and voluntarily waived his right of appeal.


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