From Casetext: Smarter Legal Research

Commonwealth v. Smith

Superior Court of Pennsylvania
May 11, 1984
476 A.2d 78 (Pa. Super. Ct. 1984)

Opinion

Argued January 12, 1984.

May 11, 1984.

Appeal from the judgment of sentence of the Court of Common Pleas of Philadelphia County, Criminal Division, Nos. 2085 and 2087, Dec. T., 1981. Before Victor J. DiNubile, Jr., Judge. The Superior Court, No. 1432 Philadelphia 1982.

David M. McGlaughlin, for appellant; Mariana C. Sorensen, Assistant District Attorney, for Commonwealth, appellee.

Before CAVANAUGH, McEWEN and CIRILLO, JJ.


Judgment of sentence vacated and case remanded for an evidentiary hearing upon the issue of whether counsel was ineffective for the alleged failure to adequately investigate and present an insanity defense. If the trial court finds that counsel was ineffective, the court may then grant appropriate relief. If appellant is unable to sustain his contention that counsel was ineffective, the judgment of sentence shall be reimposed. Jurisdiction relinquished.


Summaries of

Commonwealth v. Smith

Superior Court of Pennsylvania
May 11, 1984
476 A.2d 78 (Pa. Super. Ct. 1984)
Case details for

Commonwealth v. Smith

Case Details

Full title:Commonwealth v. Smith, Appellant

Court:Superior Court of Pennsylvania

Date published: May 11, 1984

Citations

476 A.2d 78 (Pa. Super. Ct. 1984)
476 A.2d 78