 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Commonwealth v. Ogrod12/30/2003
had Appellant properly raised an issue regarding the jury's failure to find the existence of this mitigator, he would be entitled to relief under the law as it stands today. See Commonwealth v. Rizzuto, 777 A.2d 1069, 1089 (Pa. 2001) (where a mitigating circumstance is presented to the jury by stipulation, the jury is required by law to find that mitigating factor). I recognize, however, that Appellant did not raise this issue here, and that the law was in a different state at the time of his trial. See Commonwealth v Copenhefer, 587 A.2d 1353, 1360 (Pa. 1991) (trial court not required to charge the jury that defendant's lack of prior record constituted a mitigating circumstance as a matter of law).
Thus, because Appellant does not raise an issue regarding the jury's failure to find his lack of criminal history as a mitigating circumstance, and because he would not be entitled to relief on any claim of ineffective assistance of counsel raised under the PCRA, see Commonwealth v. Carpenter, 725 A.2d 154, 166 (Pa. 1999) (counsel cannot be deemed ineffective for failing to predict a change in the law), I am constrained to join the result reached by the majority.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Pennsylvania DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|