COM. EX REL. NAUGLE v. MYERS, 423 Pa. 201 (1966)

224 A.2d 357

Commonwealth ex rel. Naugle, Appellant, v. Myers.

Supreme Court of Pennsylvania.
November 15, 1966.

Constitutional law — 6th and 14th Amendments — Right to counsel — Counsel on appeal — Practice.

In this allocatur in a habeas corpus proceeding the orders of the Superior Court and the court of common pleas were vacated and the record remanded to the court of common pleas with directions to hold an evidentiary hearing to determine whether petitioner was denied his constitutional right to the effective assistance of counsel.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Petition for leave to appeal, No. 158, Jan. T., 1967, from order of Superior Court, Oct. T., 1966, No. 418, affirming order of Court of Common Pleas of Adams County, Feb. T., 1966, No. 179, in case of Commonwealth ex rel. Harry A. Naugle v. David N. Myers, Superintendent.

Page 202

Petition for allocatur granted, orders of Court of Common Pleas of Adams County and of Superior Court vacated and cause remanded for hearing.

Same case in Superior Court: 208 Pa. Super. 732.

Habeas corpus.

Petition dismissed without hearing, order by SHEELY, P. J. Relator appealed to Superior Court which affirmed order, per curiam, HOFFMAN, J., dissenting. Petition for allocatur filed with Supreme Court.

Harry A. Naugle, appellant, in propria persona.

Gerald R. Walmer, District Attorney, for appellee.

OPINION PER CURIAM, November 15, 1966:

The petition for allocatur is granted. The order of the Court of Common Pleas of Adams County and the order of the Superior Court affirming the order of the Court of Common Pleas of Adams County are both vacated, and the cause remanded for a hearing. After hearing, if it should be determined that petitioner was denied the right of effective assistance of counsel, the petition for writ of habeas corpus should be granted. In the absence of such a determination, the petition should be denied.