teamsters local 107 murders
It is true that the brief had no proper backer, one segment was triple-spaced and it lacked a statement of jurisdiction and of questions involved or a summary of argument. This however was not done. Nevertheless we are satisfied that the testimony offered to show that Sullivan was one of the participants was sufficient to sustain the verdict. Commonwealth v. Petrisko, 442 Pa. 575, 580, 275 A.2d 46, 49 (1971). ROBERTS, J., joins in this concurring and dissenting opinion. The division of the court with respect to affirming the judgments was again noted, and the contention was advanced, citing Neil v. Biggers, 409 U.S. 188, 93 S. Ct. 375, 34 L. Ed. Corbin v. Myers, 423 Pa. 243, 223 A.2d 738 (1966), cert. Appellant further contends that the slides were unnecessary because the defense was willing to stipulate to the evidence concerning the cause of death. [2] The police department laboratory technicians were unable to uncover any of the scientific evidence that is often used to prove circumstantially that the accused committed the crime. It was uncontested that the handwriting was that of appellant. Having determined that this appeal is properly before us, we now consider the substantive claims presented therein. tel: 4064942747. See Commonwealth v. Hauser, 450 Pa. 388, 299 A.2d 218 (1973); Commonwealth v. Tabb, 433 Pa. 204, 249 A.2d 546 (1968); Commonwealth v. Minnick, supra. First, the testimony establishes that there was no dual representation in the true sense of the term, i.e., the same counsel actively represented co-defendants. At trial, the ballistics expert testified that he had test fired certain guns during his investigation and found that these weapons were not used to commit the crimes herein involved. As indicated above, the information was introduced during trial and the defense had the opportunity of using it in any manner it deemed appropriate. In such cases the post-conviction court recognizes the right of the defendant to an appeal, and to that end allows the filing and arguing of post-trial motions with the same effect as though this had been done in a timely fashion ("nunc pro tunc"). There is no evidence that the trial judge expressed such an opinion with respect to Sullivan and thus that case is inapplicable. The proper test for determining the admissibility of this type of photographic evidence "is whether or not the photographs are of such essential evidentiary value that their need clearly outweighs the likelihood of inflaming the minds and passions of the jurors." The police found in appellant's car a blanket, hatchet handle and other items, all of which were stained with blood of decedent's blood type. In Kravitz, supra, we concluded by determining that it is unnecessary for the Commonwealth to dispel all possibility of doubt provided the evidence, if believed, warrants a finding of guilt beyond a reasonable doubt. I join in the concurring and dissenting opinion of Mr. Justice Roberts, and would reverse the judgment of sentence and order appellant discharged because I believe the evidence was insufficient to prove beyond a reasonable doubt that appellant was one of the perpetrators of the homicides. In this case, the pyramiding of inferences, many of which were of dubious probability in the first place, made impermissible a finding by the jury that, beyond a reasonable doubt, Sullivan committed the crimes charged. It's half true. The Commonwealth's most important witness was Francis J. McGrath, a janitor at the local and a member of the union. As a subscriber, you have 10 gift articles to give each month. . Appeal number 127 is the Commonwealth's appeal from the order granting appellant a new appeal; appeal number 121 is Sullivan's direct appeal; appeal number 122 is Sullivan's appeal from the PCHA court's denial of *141 relief on other grounds. It's an easy book to read, and even fun, if that's an appropriate word for a book about murder and union corruption. [6] I *177 fail to see how these pictures, offered as circumstantial evidence that the killing was murder of the first degree, are more convincing than a stipulation to the legal conclusion they were offered to prove. [10] It is this portion of the PCHA order from which the Commonwealth has appealed. These slides were shown to the jury for a total time of eighteen minutes and twenty-seven seconds. Mainly they kill mob insiders who they fear have information that may be used against them. These five photographs show the victim lying on his back on the floor with his head up against the wall, with eyes closed, chin on shoulder, left hand on chest. . Commonwealth v. Raymond, 412 Pa. 194, 208, 194 A.2d 150, 157 (1963); *167 Commonwealth v. Watts, 358 Pa. 92, 97, 56 A.2d 81, 83 (1948). Sullivan had remained at the window looking out onto the parking lot for more than 20 minutes after McGrath's arrival, indicating that he was awaiting the arrival of a particular individual. 121 and 122. He got halfway up, and then he fell again. Commonwealth v. Rightnour, 469 Pa. 107, 364 A.2d 927 (1976). In view of our agreement with the trial court that the statement was properly admitted on the ground of a declaration by a co-conspirator we need not consider the other bases offered by the trial judge to justify its introduction into evidence. Momentarily, the shots were heard and Carchidi told McGrath to ". Appellant's conviction should be reversed, and a new trial ordered, on this ground. It represents truck drivers,. Media & Press; Our Ads; Blog; About Us; Help Us / Union Profiles / Teamsters / Local 107 / Leaders, Employees, and Salaries Janda was shot six times, Gorey three times, all at close range. . Employer/Location Union Employees Date; Allied Building Products Corp (Phila Glenolden & Horsham PA) Glenolden, PA: IBT Local 107: 8: November 12th, 2010: MAC Steel Philadelphia, PA: IBT Local . We are, unfortunately, treated to non-conforming briefs at session after session, but this does not mean that the content may not be sound, solid and effective advocacy. 612a]. Commonwealth v. Breaker, 456 Pa. 341, 318 A.2d 354 (1974). This conclusion is buttressed by the actions of Carchidi, a co-defendant, who entered the conference room and without engaging in discussion with appellant, also instructed McGrath to defer his duties until Sunday. The point is, he was involved with the mob in a significant way. To preserve these articles as they originally appeared, The Times does not alter, edit or update them. [N.T. Commonwealth v. Hill, 450 Pa. 477, 482, 301 A.2d 587, 590 (1973). While it is not contended by the Commonwealth that any of these facts standing alone would support a conviction, taken in concert with all reasonable inferences, they clearly justify the conclusion that appellant was linked to the crime beyond a reasonable doubt. Sullivan however conceded at trial that the crime amounted to first degree murder but based his defense upon the theory that the evidence was insufficient to establish his guilt. The evidence was insufficient to establish guilt beyond a reasonable doubt. [22] In any event, waiver of oral argument cannot be said as a matter of law to have rendered counsel constitutionally ineffective.[23]. Commonwealth v. Bowen, 455 Pa. 152, 314 A.2d 24 (1974). Anyone can read what you share. I spoke with Dan Moldea, author of The Hoffa Wars, the authoritative 1978 book on Hoffa and his era, about Sheeran's book. A decade earlier, Hoffa had personally installed Sheeran as president of this 3,000-member local to reward him for helping the IBT maintain control over Teamsters Local 107 in Philadelphia. His failure to comply with the clear mandate of the rule precludes relief once the indictments were submitted to the panel. In each of those cases, we independently determined that the brief or petition for allowance of appeal filed was inadequate and remanded the case to the Superior Court for the filing of a proper brief or petition. Commonwealth v. Garrett, 423 Pa. 8, 222 A.2d 902 (1968). [13] John Sullivan was correct in seeking relief in this Court on the theory of ineffective counsel, first in his reargument petition and then more explicitly in the petition for reconsideration. The headings of the argument portion of the brief are substantially as follows: These are precisely the topics which were dealt with, with some rearrangement, in the opinion in support of affirmance. Its only effect would be to require an additional hearing before this Court before the evidentiary hearing necessary to resolve appellant's claim is held. [4] Applying this test, it is clear that the gruesome nature of these photographs created a "substantial likelihood of inflaming the minds and passions of the jurors." A somewhat more detailed recital of the relevant history of the case is necessary to an understanding of the jurisprudential issue. Joe Pesci played Bufalino in The Irishman and may have given the best performance of any of the actors in the star-studded cast., capturing the quiet power and confidence of the Scranton-Wilkes Barre mob leader. Then Hoffa was tried and convicted in 1964 for the jury tampering, and also convicted by a Chicago jury of defrauding the Central States Pension Fund to line his own pocket in a Florida land scam. The least *160 degree of concert or collusion between parties to an illegal transaction makes the act of one the act of all and the showing of the conspiratorial design does not necessarily involve participation in every detail as long as he was an active partner in the intent which was the crime's basic element. To prove ineffectiveness on this ground, it is necessary to establish that 1) there was dual representation and 2) as a result, a conflict of interest developed. Moreover, this opinion or comment was required to be fairly or temperately stated, clearly leaving the jury free to reach its independent conclusion. *171 Further evidence was introduced which showed that during the investigation, Sullivan denied that he was in the building at the time of the murder. Section 5 of the PCHA grants jurisdiction initially to the court that imposed the judgment of sentence: Post Conviction Hearing Act 5(a), 19 P.S. These were recognized as belonging to DiPasquale, Gorey, Carchidi and appellant. According to the findings of the PCHA court, the appeal was submitted on the "brief" not because counsel believed this would enhance the chances of success on appeal, but because of "considerable confusion." 1180-11 (Supp. [1] Two others, Gregory Carchidi and Anthony DiPasquale, were also charged with the murders.
teamsters local 107 murders