COM. v. BAXTER


282 Pa.Super. 467 (1980)

422 A.2d 1388

COMMONWEALTH of Pennsylvania v. Carl BAXTER, Appellant.

Superior Court of Pennsylvania.

Filed December 12, 1980.

Petition for Allowance of Appeal Denied May 5, 1981.


Attorney(s) appearing for the Case

Leonard Sosnov, Assistant Defender, John W. Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellant.

Erice B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before HESTER, HOFFMAN and CATANIA, JJ.


CATANIA, Judge:

Appellant raises two claims of ineffectiveness of trial counsel, for failure to object to an allegedly defective waiver of jury trial and for failure to seek recusation of the trial judge. For reasons stated herein, the case is remanded for an evidentiary hearing to determine whether counsel's failure to seek recusal of the trial judge, under the circumstances of the case, was proper and designed to effectuate his client's best interests, the standard...

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