Commonwealth v. Cox (Dissenting Opinion)

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[J-201-2003] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : RUSSELL COX, : : Appellant : : : : : No. 384 CAPITAL APPEAL DOCKET Appeal from the Order entered on 6/18/02 in the Court of Common Pleas of Philadelphia County, Criminal Division, dismissing Appellant s PCRA petition at No. 1156 May Tern 1986 SUBMITTED: November 6, 2003 DISSENTING OPINION MR. JUSTICE NIGRO DECIDED: December 22, 2004 I dissent, as I agree with Justice Saylor that Appellant is entitled to an evidentiary hearing on his claim that counsel was ineffective for failing to object to the trial court s instructions as to vicarious criminal liability.

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