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COMMONWEALTH v. DRUMMOND

No. 28 EAP 2021.

285 A.3d 625 (2022)

COMMONWEALTH of Pennsylvania, Appellee v. Gerald DRUMMOND, Appellant.

Supreme Court of Pennsylvania.

Decided: November 23, 2022.

Attorney(s) appearing for the Case

James Richard Lloyd III, Esq. , for Appellant.

Lawrence Jonathan Goode, Esq. , Andrew Joseph Greer, Esq. , Mackenzie Doska Hayes, Esq. , for Appellee.

Peter E. Kratsa, Esq. , Donna Ann Walsh, Esq. , Myers, Brier & Kelly, LLP, Appellant Amicus Curiae Pennsylvania Association of Criminal Defense Lawyers.

Ronald Eisenberg, Esq. , Michelle Ann Henry, Esq. , Jennifer Creed Selber, Esq. , Joshua D. Shapiro, Esq. , Pennsylvania Office of Attorney General, Harrisburg, PA, Appellee Amicus Curiae Attorney General of Pennsylvania.

Catherine Banner Kiefer, Esq. , Kevin R. Steele, Esq. , Appellee Amicus Curiae Pennsylvania District Attorney's Association.

TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.

OPINION

In this PCRA1 appeal, we consider a matter of first impression. We inquire whether trial counsel was ineffective for failing to object to a jury instruction in which the judge analogized jurors' application of the "proof beyond a reasonable doubt" standard to jurors...

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