Superior ciurt - COMMONWEALTH OF PENNSYLVANIA v. JAY MICHAEL BOYER, JR.

COMMONWEALTH OF PENNSYLVANIA v. JAY MICHAEL BOYER, JR. No. 523 MDA 2008 2008 PA Super 279 Atlantic: 962 A.2d 1213 Filed: 12/10/2008
	Appeal from the PCRA Order of March 7, 2008, in the Court of Common Pleas of Union County, Criminal Division at No. CP-60-CR-0000027-2002
Before: ORIE MELVIN, SHOGAN and COLVILLE, JJ.
Opinion by: COLVILLE, J.
This case is an appeal from the order denying Appellant’s petition under the Post Conviction Relief Act (“PCRA”). Appellant claims the PCRA court erred in not finding his trial counsel ineffective in the following ways: (1) by not objecting when the Commonwealth introduced the guilty plea of one of Appellant’s codefendants and by not requesting an instruction that the jury could not find Appellant guilty merely because of his codefendant’s plea; (2) by not litigating the issue of a Miranda violation with respect to Appellant’s confession; (3) by not requesting an instruction that the jurors could not consider Appellant’s confession as evidence unless they determined it was voluntary; (4) by not requesting an instruction that the jury should view Appellant’s confession with caution.

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