COM. v. McCULLUM


558 Pa. 590 (1999)

738 A.2d 1007

COMMONWEALTH of Pennsylvania, Appellee, v. Thomas McCULLUM, Appellant.

Supreme Court of Pennsylvania.

Decided October 28, 1999.

Reargument Denied December 31, 1999.


Attorney(s) appearing for the Case

John Elash for T. McCullum.

Stephen A. Zappa, District Atty., Michael W. Streily, Pittsburgh, Robert A. Graci, Harrisburg, Russell K. Broman, Pittsburgh, for Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION OF THE COURT

CASTILLE, Justice.

In this appeal from the denial of appellant's petition filed pursuant to the Post Conviction Relief Act, 42 Pa.C.S. § 9541, et seq. ("PCRA"), appellant alleges that his trial counsel was ineffective for failing to present a diminished capacity defense at the guilt phase of his murder trial. For the reasons that follow, appellant is not entitled to relief and the order of the PCRA court is affirmed.

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