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View Full Article in Timesmachine , See the article in its original context from. This site is protected by reCAPTCHA and the Google. We disagree. [11], That, of course, was not the situation here, as Sullivan concedes. Those guys were tough. Moreover, the jury was properly instructed on all possible verdicts and received adequate instructions on the applicable law. Over defense objection the prosecution offered into evidence thirty-nine color slides taken by the medical examiner *191 at the scene of the crime. Its action in so doing, while undoubtedly taken with the best of intention, was clearly ultra vires under the circumstances.[15]. These slides were inflammatory, and of no evidentiary value. 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. Given the nature of the crimes, we believe the photographs helped to supplement the pathologist's complex and intricate testimony and had essential evidentiary value. 2015 Local 107 Scholarship Winners; 2014 SCHOLARSHIP WINNERS; Events Calendar; Education. [6] In Commonwealth v. Twiggs, 460 Pa. 105, 331 A.2d 440 (1974), the appellant alleged on direct appeal that trial counsel was ineffective because he failed to secure the attendance of a witness who had testified in favor of the defendant at a previous trial. While Brady requires the prosecution to provide the defense upon request with material in its possession which would be beneficial to the defendant, the record here reflects that there was no request for such information. After the sounds of the shootings he did not immediately depart the premises but remained in the conference room. In both shots fully one-half of the victim's face and neck is completely covered with blood. There is considerable coverage in the book of Hoffa's trials. [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. There is no evidence that the trial judge expressed such an opinion with respect to Sullivan and thus that case is inapplicable. You can explore additional available newsletters here. See Commonwealth v. Cheeks, 429 Pa. 89, 96-97, 239 A.2d 793, 797 (1968). Even under the view announced by the majority in Petrakovich, however, the Powell test applies, because the color slides shown in this case were inflammatory. Teamsters Local 992: 2023 Workers' Memorial Day: Organize! [7], After the taking of extensive testimony,[8] the learned hearing judge, noting that this Court had divided evenly, *182 concluded that "[o]ral argument might have persuaded a different decision."