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Vol. LVI Allentown, PA Friday, November 20, 2015 No. 73

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Vol. LVI Allentown, PA Friday, November 20, 2015 No. 73 Vol. LVI Allentown, PA Friday, November 20, 2015 No. 73 1 THE COURT The Hon. Edward D. Reibman, President Judge The Hon. Carol K. McGinley, Judge The Hon. William E. Ford, Judge The Hon. Robert L. Steinberg, Judge The Hon. J. Brian Johnson, Judge The Hon. Kelly L. Banach, Judge The Hon. James T. Anthony, Judge The Hon. Maria L. Dantos, Judge The Hon. Michele A. Varricchio, Judge The Hon. Douglas G. Reichley, Judge The Hon. Lawrence J. Brenner, Senior Judge The Hon. Alan M. Black, Senior Judge LEHIGH LAW JOURNAL (USPS 309560) Owned and Published by THE BAR ASSOCIATION OF LEHIGH COUNTY 1114 Walnut Street, Allentown, PA 18102 www.lehighbar.org ZACHARY J. COHEN, President HON. WILLIAM H. PLATT, President-Elect PATRICK J. REILLY, Vice President MICHELLE M. FORSELL, Secretary SARAH M. JOLLY, Treasurer SUSAN G. MAURER, Historian THOMAS F. TRAUD, JR., Law Journal Committee RAY BRIDGEMAN, Executive Director SARAH MUSSEL, Case Editor Copyright © 2015 Bar Association of Lehigh County The Lehigh Law Journal is published every Friday. All legal notices must be submitted in typewritten form and are published exactly as submitted by the advertiser. Neither the Law Journal nor the printer will assume any respon- sibility to edit, make spelling corrections, eliminate errors in grammar or make any changes in content. The Law Journal makes no representation as to the quality of services offered by any advertiser in this publication. Legal notices must be received at 1114 W. Walnut St., Allentown, PA 18102, before 12 noon the preceding Tuesday. Telephone (610) 433-6204. Advance issues $100.00 per year. Single copies $2.00. Payment of annual dues to the Bar As sociation of Lehigh County includes year’s subscription to Lehigh Law Journal. Printed at 206 S. Keystone Ave., Sayre PA 18840 Periodical postage paid at Allentown, PA 18102 and at additional mailing offices. POSTMASTER: Send address changes to The Lehigh Law Journal, 1114 W. Walnut St., Allentown, PA 18102. 2 Classical Elegance A gracious facility for your social and business events.... weddings banquets parties exclusively partnered caterers www.thebarristersclub.com 1114 W Walnut Street Allentown | 610-433-6088 ext.12 3 4 5 ATTORNEY DISCIPLINARY / ETHICS MATTERS Representation, consultation and expert testimony in disciplinary matters and matters involving ethical issues, bar admissions and the Rules of Professional Conduct James C. Schwartzman, Esq. Vice Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman, Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing Legal Education Board of the Supreme Court of PA • Former Chairman, Supreme Court of PA Interest on Lawyers Trust Account Board • Former Federal Prosecutor • Named by his peers as Best Lawyers in America 2015 Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year” 1818 Market Street, 29th Floor, Philadelphia, PA 19103 (215) 751-2863 6 NOTICE TO THE BAR Judge Michele A. Varricchio’s weekly walk-in civil motions court for Monday, November 30, 2015 is cancelled. 11-20 —————— LEGAL NOTICE The Northampton County General Purpose and Higher Education Authorites are seeking proposals for the position of solicitor. The Request for Proposal and any issued Ad- denda may be obtained by e-mailing Nina McCarthy in the Northampton County Department of Community and Eco- nomic Development at [email protected] or by submitting a request in writing to the Northampton County Department of Community and Economic Develop- ment, 669 Washington Street, Easton, PA 18042. Any questions/clarifications regarding the RFP must be submitted via e-mail or in writing to Nina McCarthy by De- cember 18, 2015. Full proposals are due by 2:00 P.M. Thurs- day, January 7, 2016. 11-20 The BALC Facebook page is updated regularly with meeting reminders and event notices, and includes photo albums, discussion boards, links, and much more. “Like” us at www.facebook.com/BarAssociationLehighCounty 7 10/7/15 10/7/15 Dear BALC Attorney Member:Dear BALC Attorney Member: The Board of DirectorsThe has Board ofapproved Directors has approved engaging engaging thethe firm RCLfirm Portrait Design, who specializes in RCL Portrait Design, who“Executive specializes Portraits” into photograph “Executive all members Portraits” for our Membership Directory. to photograph all membersRCL, forthe nation’s our leadingMembership executive portrait Directory.studio, has worked with more than 750 professional organizations and photographed over 200,000 professionals. RCL, the nation’s leadingThe photographs executive will be taken portrait at the BALC studio,Building/The Barristershas Club, and there is no cost for you to worked with more than 750participate. professional A professional portrait organizations photographer will photograph and you in several poses. You will then be able to view your proofs immediately through an instant video system and choose your picture for the photographed over 200,000directory. professionals. Additional portraits will also be made available to those wishing to purchase them, however The photographs will bethere taken is no obligation. at the BALC Building/The Barristers Club, and thereFor is professional no cost quality for and you best presentation,to participate. appropriate dressA is suggested. professional portrait photographerWe ask that you appreciate will thephotograph importance of this pryouoject andin assist RCL Portrait Design in making this a most successful Membership Directory. several poses. You will then be able to view your proofs im- Please call RCL Portrait at 1-800-580-5562 to schedule your appointment. The weeks of 10/26, 11/30, mediately through an instant1/18, and video 1/25 have system been reserved and for this choose project (dates your and times are subject to change). picture for the directory. Additional portraits will also be made available to those wishingSincerely, to purchase them, however there is no obligation. Ray Bridgeman For professional qualityExecutive and best Director presentation, appropriate dress is suggested. We ask that you appreciate the importance of this project and assist RCL Portrait Design in making this a most suc- cessful Membership Directory. Please call RCL Portrait at 1-800-580-5562 to schedule your appointment. The weeks of 10/26, 11/30, 1/18, and 1/25 have been reserved for this project (dates and times are sub- ject to change). Sincerely, Ray Bridgeman Executive Director 8 9 Commonwealth vs. Curry 664 Commonwealth vs. Curry COMMONWEALTH OF PENNSYLVANIA vs. HISHAMU CURRY Post Conviction Relief Act—Ineffective Assistance of Counsel— Sixth Amendment—Credibility—Defendant’s Admission of Guilt to Counsel—Alibi Evidence—Perjury—Lawyer’s Ethical Duty—Right to Testify—Strategic Decisions of Counsel—Failure of Counsel to Raise Meritless Claims. The court denied defendant’s Petition for Post-Conviction Relief, based on ineffec- tive assistance of counsel, because: (1) counsel could not be ineffective for failing to present false alibi evidence where defendant admitted to counsel he committed robbery; (2) de- fendant made an informed decision not to testify and counsel’s advice not to testify was sound; and (3) counsel made reasonable, strategic decisions during trial and raised only appeal issues that had merit. In the Court of Common Pleas of Lehigh County, Pennsyl- vania—Criminal Division. No. CR-637-2011. Commonwealth of Pennsylvania vs. Hishamu Curry. CHARLES GALLAGHER, ESQUIRE, CHIEF DEPUTY DISTRICT AT- TORNEY, on behalf of the Commonwealth. ROBERT LONG, ESQUIRE, on behalf of the Petitioner. STEINBERG, J., November 4, 2015. The petitioner, Hishamu Curry, was found guilty after a jury trial of Robbery1 (three counts), Attempted Criminal Homicide,2 Aggravated Assault3 (two counts), and Criminal Conspiracy to Commit Robbery.4 The petitioner and two confederates, Isaah Sampson and Edward Maye, robbed the KNBT Bank in Emmaus at gunpoint. During the robbery, Edward Maye assaulted the Assistant Manager of the bank with a firearm, and in their flight to avoid apprehension, Isaah Sampson fired his weapon multiple times at Officer William Bryfogle of the Emmaus Police Department. Multiple bullets struck Officer Bryfogle’s cruiser, but he escaped uninjured. A presentence report was ordered following the jury’s verdict. A full sentencing hearing was held on February 13, 2012, during 1 18 Pa. C.S. §3701(a)(1)(ii). 2 18 Pa. C.S. §2501, §901. 3 18 Pa. C.S. §2702(a)(1), (2). 4 18 Pa. C.S. §3701(a)(1)(ii), §903. 10 Lehigh 7-17 op Commonwealth vs. Curry 665 which both the Presentence Report and the Sentencing Guidelines were considered prior to imposing sentence. At the conclusion of the sentencing hearing, the petitioner received a total sentence of not less than thirty (30) years nor more than sixty (60) years in a state correctional institution.5 A Notice of Appeal was filed by trial counsel on March 14, 2012. Pursuant to this court’s directive, counsel filed a timely Pa. R.A.P. 1925(b) Statement. The sole issue6 raised alleged that it was error to permit the introduction into evidence of cell phone records and text messages secured from petitioner’s cell phone.7 On October 4, 2013, the judgment of sentence was affirmed by the Superior Court.8 A Petition for Allowance of Appeal was denied by the Supreme Court on April 4, 2014.9 On July 10, 2014, the petitioner filed a pro se Post Conviction Relief Act (hereinafter PCRA) petition. Attorney Robert Long was appointed to represent the petitioner and filed an Amended PCRA petition on May 8, 2015.10 A PCRA hearing was held on August 24, 2015. During the hearing, trial counsel, Eric Dowdle, and the petitioner testified. The issues pursued by the petitioner at the hearing were that trial counsel was ineffective because of the following: (1) he failed to 5 The petitioner received three (3) concurrent sentences of not less than ten (10) years nor more than thirty (30) years for the three (3) counts of Robbery.
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