Commonwealth v. Haynes

Concurring and Dissenting Opinion by

Van der Voort, J.:

I concur in the granting of a hearing pursuant to the Post Conviction Hearing Act on the claim of ineffective assistance of counsel. However, I dissent from the grant of said hearing on the other issues raised.

The majority opinion clearly states that appellant was informed of his appellate rights, including the right to counsel. Furthermore, appellant has not claimed that his appellate rights have been denied.

Therefore, I would hold that appellant’s choice of discontinuing his appeal was a knowing waiver of his right thereto. Issues which were or could have been raised therein are waived for purposes of a subsequent PCHA hearing. While I agree that it is quite clear that appellant was entitled to counsel’s assistance to perfect an appeal, this he relinquished. I would not allow him to raise again these issues.

The record being silent as to appellant’s claim of ineffective trial counsel, and different counsel having been appointed for the PCHA petition, I would allow a hearing on this issue only, upon the authority of Commonwealth v. Dancer, 460 Pa. 95 (1975).