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490 Pa. 232

Commonwealth v. Schroth

Supreme Court of Pennsylvania

Decided July 3, 1980

Supreme Court of Pennsylvania · decided 1980-07-03

Cited by 4 later decisions — most recently July 1982

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1980-07-03

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¶1OPINION OF THE COURT

PER CURIAM:

¶2This is an appeal, nunc pro tunc, from an order entered in the Court of Common Pleas of Dauphin County dismissing a petition for post-conviction relief.

¶3Appellant raises four assertions of ineffective assistance of counsel:

one: trial counsel was ineffective for failing to move to suppress appellant’s October 25, 1972, confession;
two: trial counsel was ineffective for failing to object to opinion testimony concerning a fingerprint;
three: appellate counsel was ineffective for failing to preserve the suppression issue;
*234four: appellate counsel was ineffective for failing to preserve the issue of opinion testimony.

¶4No evidentiary hearing was held and the record is insufficient to determine if counsel failed to preserve issues of arguable merit.

¶5Accordingly, the record is remanded to conduct an evidentiary hearing on appellant’s claims of ineffective assistance of counsel. Thereafter, the record and findings will be returned to this Court for disposition of the instant appeal.

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