COM. v. JOHNSON


298 Pa.Super. 493 (1982)

444 A.2d 1291

COMMONWEALTH of Pennsylvania v. John W. JOHNSON, Appellant.

Superior Court of Pennsylvania.

Filed April 30, 1982.


Attorney(s) appearing for the Case

Margaret T.M. McKeown, Philadelphia, for appellant.

Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before SPAETH, BROSKY and VAN der VOORT, JJ.


SPAETH, Judge:

This appeal is from an order denying, without a hearing, appellant's third P.C.H.A. petition. The lower court found that all of appellant's claims had either been previously litigated or waived. We agree with appellant that one of his claims — that because of ineffective counsel he was denied his right of appeal from the order denying his first P.C.H.A. petition — has not been previously litigated or waived. We therefore reverse and remand...

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