Commonwealth v. Glasco , 481 Pa. 490 ( 1978 )

POMEROY, Justice,

dissenting.

It is my belief that issues which have been properly preserved at all prior stages and are now before this Court for decision should be resolved before a remand is ordered on an ineffectiveness of counsel claim. This is because “counsel’s presumed inability to argue with zeal his own trial mistakes [should not extend] to other issues on appeal which . he could argue as effectively as anyone.” Commonwealth v. Gardner, 480 Pa. 7, 14, 389 A.2d 58, 61 (1978) (Pomeroy, J., dissenting). I therefore dissent from the Court’s refusal to reach the retroactivity question in this, case.^*

* Cf. Commonwealth v. Lynch, 477 Pa. 390, 383 A.2d 1263 (1978); id., 477 Pa. at 396, 383 A.2d at 1266 (Pomeroy, J., concurring); Commonwealth v. Colbert, 476 Pa. 531, 542, 383 A.2d 490 (1978) (opinion in support of affirmance); Commonwealth v. Ernst, 476 Pa. 102, 381 A.2d 1245 (1977) (opinion in support of affirmance).