410 A.2d 349 | Pa. Super. Ct. | 1979
Appellant was convicted by a Philadelphia jury of first degree murder, conspiracy and carrying a firearm in a public place in connection with the shooting death of James Robinson. In a direct appeal to the Supreme Court, his judgment of sentence — life imprisonment — was affirmed. Commonwealth v. Hampton, 462 Pa. 322, 341 A.2d 101 (1975). Subsequently, appellant filed a PCHA petition alleging ineffectiveness of his trial counsel. After an evidentiary hearing, the petition was dismissed and now forms the subject of this appeal.
Appellant raises two instances of trial counsel’s ineffectiveness. The first concerns trial counsel’s failure to
Appellant’s second instance of counsel’s alleged ineffectiveness concerns counsel’s failure to investigate, interview, or subpoena five potential witnesses, namely, appellant’s wife, appellant’s brother, Smokey Miller, Jerry Allison (or Allen), and Barbra Dennis.
The Order of the Court of Common Pleas of Philadelphia County is affirmed.
. Normally, this argument for relief would have been waived because appellant is simply offering a new theory to support the original ineffective assistance claim that was finally litigated when it was rejected by' the Supreme Court on direct appeal. Commonwealth v. Slavik, 449 Pa. 424, 428, 431, 297 A.2d 920, 922 (1972); Commonwealth v. Toledo, 230 Pa.Super. 447, 448, 331 A.2d 888, 889 (1974). However, since appellant was represented by the same attorney during his trial and direct appeal to the Supreme Court, see 462 Pa. at 327 n.1, 341 A.2d 101, n.l and is now represented by new counsel, we have considered the merits of this argument.