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Commonwealth v. Garcia

Citations

  • 535 A.2d 1186
  • 370 Pa. Super. 132
  • 1988 Pa. Super. LEXIS 17

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • counsel’s decision to forego alternative theory of voluntary manslaughter and rely solely upon theory of self-defense was not ineffective assistance
  • strategy seeking acquittal rather than one seeking verdict of manslaughter was effective assistance of counsel
  • strategy seeking acquittal rather than one seeking verdict of manslaughter was effective assistance of counsel
  • when counsel’s strategy is to seek acquittal rather than conviction on lesser-included offense, he is not ineffective
  • trial counsel not ineffective for pursuing defense of innocence to homicide charge rather than presenting heat of passion argument in support of voluntary manslaughter
  • “Indeed, it is well settled that a strategy aspiring to achieve an acquittal, rather than a compromise verdict of manslaughter, is considered effective assistance of counsel.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Grillo, Chullo, Brosky, Beck

Read full opinion on CourtListener

Cited by

10 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.