Wednesday, July 29, 2009

COMMONWEALTH OF PENNSYLVANIA v. LAMONT BOOKARD

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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