COM. v. TENNER


377 Pa.Super. 540 (1988)

547 A.2d 1194

COMMONWEALTH of Pennsylvania, v. Bernard TENNER, Appellant.

Supreme Court of Pennsylvania.

Filed September 12, 1988.


Attorney(s) appearing for the Case

Marlene Cooperman, Philadelphia, for appellant.

Donna G. Zucker, Assistant District Attorney, Philadelphia, for Com., appellee.

Before CIRILLO, President Judge, and OLSZEWSKI and MONTEMURO, JJ.


OLSZEWSKI, Judge:

This is an appeal from an order denying appellant's petition for relief under the Post Conviction Hearing Act ("PCHA") which alleged that trial counsel was ineffective for failing to demonstrate at a Rule 1100 hearing, via documentary evidence, that the Commonwealth had failed to exercise due diligence. We affirm the denial of the petition.

On January 7, 1978, appellant and an accomplice forced entry into the home of Mildred Clark and bound...

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