A blog of the Philadelphia Bar Association’s Criminal Justice Section

By Burt Rose

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The Superior Court of Pennsylvania en banc has issued a ruling in the matter of COMMONWEALTH of Pennsylvania v. Kevin JOHNSON, Appellant, 2012 WL 3326626, 2012 PA Super 168, 2187 EDA 2009 (Aug. 15, 2012). This was a PCRA appeal from an Order of Judge Peter Rogers of the Court of Common Pleas of Philadelphia County, Criminal Division, CP–51–CR–1108001–1986. The Judges were STEVENSBOWESGANTMANPANELLASHOGAN,ALLENLAZARUSMUNDYAND WECHT. The OPINION was written by Judge MUNDY.

A jury convicted Appellant of first-degree murder and the Appellant was sentenced to life imprisonment. On PCRA appeal, the Appellant raised multiple claims of ineffective assistance of counsel. However, theAppellant’s Rule 1925(b) statement stated only that “the trial court erred in failing to find that Appellant is entitled to relief under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052 (1984) (requiring proof of prejudice).” Because the Appellant’s Rule 1925(b) statement was vague and did not specify what the deficiencies were, the Court deemed the Appellant’s ineffectiveness issues waived.

The End.


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