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428 Pa. 208

Commonwealth v. Jones

Supreme Court of Pennsylvania

Decided January 3, 1968

Supreme Court of Pennsylvania · decided 1968-01-03

Cited by 8 later decisions — most recently December 1971

8 state decisions

Relies on Douglas v. People of State of California · Commonwealth Ex Rel. Stevens v. Myers · Commonwealth ex rel. Robinson v. Myers

Good law ✅— No negative treatment on recordhow we know

Decided 1968-01-03

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¶1Opinion by

Mb. Justice Eagen,

¶2This is an appeal from an order below dismissing a petition for post-conviction relief without hearing.

¶3Our examination of the record discloses that the allegations of the petition are sufficient to require a hearing below to determine if the petitioner was unconstitutionally deprived of the assistance of counsel in perfecting and prosecuting an appeal from the judgment of sentence under which he is confined, in violation of Douglas v. California, 372 U.S. 353, 83 S. Ct. 814 (1963). See Commonwealth ex rel. Neal v. Myers, 424 Pa. 576, 227 A. 2d 845 (1967); Commonwealth ex rel. Robinson v. Myers, 420 Pa. 72, 215 A. 2d 637 (1966) ; Commonwealth ex rel. Stevens v. Myers, 419 Pa. 1, 213 A. 2d 613 (1965).

¶4The record will therefore be remanded for the purpose of an evidentiary hearing and for a determination of whether or not the petitioner intelligently and knowingly waived his right to the assistance of counsel on appeal. For the purposes of this hearing and preparation thereof, petitioner must be provided with the assistance of court-appointed counsel. See Commonwealth v. Richardson, 426 Pa. 419, 233 A. 2d 183 (1967) .

¶5Order vacated and record remanded.

Mr. Justice Cohen took no part in the consideration or decision of this case.
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