| COMMONWEALTH OF PENNSYLVANIA v. LAMONT BOOKARD No. 1557 EDA 2007 2009 PA Super 146 Atlantic: 978 A.2d 1006 Filed: 7/29/2009 | |
| Appeal from the PCRA Order of April 26, 2007 in the Court of Common Pleas of Philadelphia County, Criminal, Nos. CP-51-CR-0707741-2000, CP-51-CR-0707751-2000 | |
| Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ. | |
| Opinion by: KLEIN, J. | |
| Dissenting Opinion by: DONOHUE, J. | |
| Lamont Bookard appeals from an order denying his request for post-conviction relief on the ground that his trial counsel, attorney Susan Burt-Collins, was ineffective for failing to ask for a charge on alibi. We find that counsel articulated a reasonable strategic basis for failing to request such a charge; she had an alternate theory of defense and did not want to cloud the issue by focusing on an alibi defense. Since it was questionable as to whether it was impossible for Bookard to be present to commit the crime, and counsel did not want the jury distracted by that issue, we believe that strategy was reasonable and therefore we affirm the denial of post-conviction relief. | |
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