COMMONWEALTH OF PENNSYLVANIA v. KAZIMIR CRAIG GROHOWSKI

COMMONWEALTH OF PENNSYLVANIA v. KAZIMIR CRAIG GROHOWSKI No. 1635 and 1721 MDA 2007 2009 PA Super 128 Atlantic: n/a Filed: 7/9/2009
	Appeal from the Order Dated August 23, 2007 In the Court of Common Pleas of Northumberland County Criminal at No(s): CP-49-CR-0000706-2004
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: KLEIN, J.
This is an appeal from the order dated August 23, 2007, and entered on August 24, 2007, by the Court of Common Pleas of Northumberland County, following the granting of Appellee’s/cross-Appellant’s, Kazimir Grohowski’s, motion for extraordinary relief and awarding of a new trial. Herein, the Commonwealth contends that the motion for extraordinary relief was improperly granted in that (1) such a motion is improper to raise allegations of ineffectiveness of counsel, and (2) even if not improper, trial counsel was not ineffective where Appellee did not prove he was prejudiced by the prosecutor’s remarks during closing argument. We reverse and remand.

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