From Casetext: Smarter Legal Research

Commonwealth v. Simpson

Supreme Court of Pennsylvania
May 28, 1969
254 A.2d 306 (Pa. 1969)

Opinion

May 28, 1969.

Criminal Law — Practice — Plea of guilty — Alleged illegal inducement — Burden of proof — Record of colloquy showing valid plea — Post-conviction hearing — Duty of hearing judge to call witnesses of his own initiative.

1. The burden of proving an illegal inducement of a guilty plea falls on defendant when the record of a colloquy clearly shows a valid plea. [440]

2. A hearing judge is not required to call witnesses of his own initiative. [440]

3. In this post-conviction proceeding, in which it appeared that petitioner attacked the validity of his guilty plea on the ground that he had been promised a lesser sentence by his trial counsel; and that petitioner did not request the testimony of his counsel nor their attendance at the hearing; it was Held, considering the state of the record and the applicable burdens, that the hearing judge did not err, as contended by petitioner, in failing to call petitioner's trial counsel to testify.

Mr. Justice JONES concurred in the result.

Submitted April 21, 1969. Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

Appeal, No. 208, Jan. T., 1969, from order of Court of Common Pleas of Philadelphia County, July T., 1964, No. 251, in case of Commonwealth v. Wallace Simpson. Order affirmed.

Petition for post-conviction relief. Before WEINROTT, J.

Order entered dismissing petition. Defendant appealed.

Marvin R. Halbert, for appellant.

Victor J. DiNubile, Jr. and James D. Crawford, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.


Appellant attacks the validity of his guilty plea on the ground that he had been promised a lesser sentence by his trial counsel. The statements of counsel in the record indicate the contrary. The burden of proving an illegal inducement of a guilty plea falls on appellant when the record of a colloquy clearly shows a valid plea. Commonwealth v. Grays, 428 Pa. 109, 237 A.2d 198 (1968). The existence of the record here makes the application of Commonwealth v. Finey, 433 Pa. 152, 249 A.2d 286 (1969), inappropriate.

Appellant further contends that the hearing judge erred in not calling appellant's trial counsel to testify. Appellant, however, requested neither their testimony nor their attendance. A hearing judge is not required to call witnesses of his own initiative. Considering the state of the record and the applicable burdens, there is no error.

Order affirmed.

Mr. Justice JONES concurs in the result.


Summaries of

Commonwealth v. Simpson

Supreme Court of Pennsylvania
May 28, 1969
254 A.2d 306 (Pa. 1969)
Case details for

Commonwealth v. Simpson

Case Details

Full title:Commonwealth v. Simpson, Appellant

Court:Supreme Court of Pennsylvania

Date published: May 28, 1969

Citations

254 A.2d 306 (Pa. 1969)
254 A.2d 306

Citing Cases

Commonwealth v. Carey

Thus, if defense counsel denies any inducement, and if no other corroborating evidence is produced, the…