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Commonwealth v. Payne

Defendant was not entitled to hearing prior to dismissal of PCRA petition where claim of ineffective assistance of counsel failed to assert any prejudicial error.

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�1 This is an appeal from the order entered by the Court of Common Pleas of Allegheny County on November 13, 2000, dismissing without a hearing Appellant’s amended petition for relief filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. �� 9541-9546. Herein, Appellant contends that he is entitled to an evidentiary hearing concerning an allegation raised in his PCRA petition. We affirm.

�2 The relevant facts and procedural history of this case are as follows: On May 22, 1986, Robert Eugene Cogley (hereinafter “Victim”), after socializing with friends, was on his way to his residence in New Eagle, Pennsylvania, when he picked up Appellant, who was hitchhiking to his home in Clairton. Victim and Appellant proceeded to a public housing project, where Appellant was introduced to Kathleen Smith. With Ms. Smith in Victim’s vehicle, they eventually went to a MAC machine in Dravosburg, at which time Appellant demanded Victim’s access code number. After Victim refused to disclose the number, the three proceeded to Clairton. While there, Appellant began arguing with Victim; Appellant then pulled out a weapon and fired it at Victim. Victim grabbed his chest and slumped over.

Appellant pulled Victim out of the vehicle and threw him over an embankment near the side of the road, and Appellant proceeded to drive to various MAC machines with Victim’s MAC card. After Appellant dropped Ms. Smith off at her home, she contacted police. See Trial Court Opinion filed 9/3/87.

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