Pennsylvania v. Vandivner (majority)
Annotate this CaseIn July 2004, Appellant James Vandivner fatally shot his fiancee, Michelle Cable, for which he received the death penalty. Appellant appealed the denial of his petition for post-conviction relief, raising claims pertaining to his pre-trial, guilt, and penalty-phase proceedings. The PCRA court, having concluded Appellant’s claim did not have arguable merit, did not fully address Appellant's ineffectiveness of counsel claims. The Supreme Court concluded this omission required further review. It vacated the PCRA court’s order and remanded this matter back to the PCRA court for preparation of a supplemental opinion addressing whether any reasonable basis existed for trial counsel’s failure to investigate certain aspects of Appellant's ineffectiveness claims.
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