(Download) "Commonwealth Pennsylvania v. James Gillespie" by Supreme Court of Pennsylvania # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. James Gillespie
- Author : Supreme Court of Pennsylvania
- Release Date : January 28, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The Commonwealth appeals a Superior Court Order reversing the Order of the Court of Common Pleas of Lackawanna County denying Appellants relief under the Post-Conviction Hearing Act (PCHA) 42 Pa.C.S.A. ร§ 9541 et seq. The gravamen of the Commonwealths appeal is that the Superior Court erred in synthesizing a rule applicable to this case from our holdings in Commonwealth v. Sparrow, 471 Pa. 490, 370 A.2d 712 (1977) and Commonwealth v. Tarver, 493 Pa. 320, 426 A.2d 569 (1981) and further erred by applying that rule retroactively to the instant case. For the reasons which follow, we approve the Superior Courts synthesis of the rule, but reverse its application to the case before us.