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Commonwealth v. Childress

Denial of post-conviction relief affirmed; trial counsel was not ineffective for failing to pursue suppression of cooperating witnesses' testimony because Commonwealth had right to grant leniency to witnesses in return for testimony; trial counsel was not ineffective for failing to pursue selective prosecution argument because argument had no merit.

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� 1 Raymond Childress appeals from the December 18, 2000 order denying him post-conviction relief. Appellant contends that prior counsel rendered ineffective assistance by failing to pursue: 1) the suppression of the Commonwealth witnesses’ testimony on grounds that the Commonwealth obtained that testimony in violation of 18 Pa.C.S. � 4952(a)(2), Pa. Rule Professional Conduct 3.4 (b), and 18 U.S.C. � 201(c)(2); and 2) the dismissal of these charges on the basis that Appellant was selectively prosecuted. We find that prior counsel’s representation was not deficient, and we affirm.

� 2 On December 28, 1992, Appellant was arrested and charged with criminal conspiracy and a firearms violation, as well as four counts of aggravated assault. At a jury trial, he was acquitted of the firearms charge but convicted of all remaining charges. On direct appeal, we recited the factual foundation for these convictions:

Beginning in 1987, Appellant’s co-defendant, William “Ricky” Boyd, was the leader of a narcotics trafficking organization which included Childress, Kelly Bell and Will Smith among his inner circle. Members of the organization possessed firearms and used violence to further the aims of their narcotics business. In early 1990, Boyd’s organization had a conflict with a rival organization headed by Eric “E-man” Jefferies. Other members of the Jefferies gang included Tom Easley, Ron Ashby, Terrell Bush and George Hilliard.

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