Com. ex rel. Gorman v. Maroney

Full title: Commonwealth ex rel. Gorman, Appellant, v. Maroney

Court: Superior Court of Pennsylvania

Date published: Jun 17, 1965

211 A.2d 21 (Pa. Super. Ct. 1965)

211 A.2d 21

Opinion

November 9, 1964.

June 17, 1965.

Criminal Law — Counsel for defendant — Waiver — Evidence — Signed written statement alone — Admission of understanding of charges and absence of defense.

1. Commonwealth ex rel. Ross v. Botula, 206 Pa. Super. 1, Held controlling.

2. In a habeas corpus proceeding, in which it appeared that, although relator had signed a statement in which he admitted that he understood the charges against him, had no defense to the charges against him and had been offered but refused counsel, there was nothing else in the record to show that he intelligently and willingly waived his constitutional right to counsel, it was Held that the order of the court below dismissing his petition without a hearing should be reversed.

ERVIN, P.J., dissented.

Submitted November 9, 1964.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

Appeal, No. 182, April T., 1964, from order of Court of Common Pleas of Fayette County, No. 1396 Habeas Corpus Docket, in case of Commonwealth ex rel. Edward Gorman v. James F. Maroney, Superintendent. Order reversed.

Habeas corpus.

Order entered dismissing petition, opinion by BANE, P.J. Relator appealed.

Edward Gorman, appellant, in propria persona.

Richard D. Cicchetti, Assistant District Attorney, and John R. Hoye, District Attorney, for appellee.

OPINION PER CURIAM, June 17, 1965:

Relator's petition for a writ of habeas corpus was dismissed without a hearing. Although he signed a statement in which he admitted that he understood the charges against him, had no defense to the charges against him, and had been offered but refused counsel, there is nothing else in the record to show that he intelligently and willingly waived his constitutional right to counsel. Under our decision in Commonwealth ex rel. Ross v. Botula, 206 Pa. Super. 1, 211 A.2d 42, the order of the Court of Common Pleas of Fayette County is reversed and the record is remanded to that court with directions to hold a hearing on the petition.

ERVIN, P.J., dissents because the relator signed an express waiver of counsel.