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COM. v. GARRITY

509 Pa. 46 (1985)

500 A.2d 1106

COMMONWEALTH of Pennsylvania, Appellant, v. Donald Anthony GARRITY, Appellee.

Supreme Court of Pennsylvania.

Decided November 14, 1985.

Attorney(s) appearing for the Case

John J. Driscoll, Dist. Atty., Donna J. McClelland, Asst. Dist. Atty., Judith Karns Ciszek, Greensburg, for appellant.

Edward Bilik, First Nat. Bank, Greensburg, for appellee.

Before NIX, C.J., and LARSEN, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

The Commonwealth appeals by allowance a Superior Court order reversing a Westmoreland County Court of Common Pleas order denying relief under the Post-Conviction Hearing Act. (PCHA).1 Superior Court vacated petitioner's third-degree murder conviction and granted him a new trial. It held that appellee lost his right to effective assistance of counsel when his trial attorney failed to adequately...

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