454a]. [4] The title of the petition was technically in error, since, as will be discussed infra, the case had originally been submitted to the Court on briefs, unaccompanied by oral argument. It adds some details and intimate connection to Hoffa that only an insider can provide. In Scaramuzzino, we reversed and remanded for a new trial because fourteen color slides were introduced over defense counsel's objection. In the instant case, Sullivan bases his claim of ineffective assistance of appellate counsel on two grounds: (1) the failure of counsel to file a brief in this Court and, (2) counsel's decision not to argue the case orally. FBI arrests Teamsters Local 326 pres Francis J Sheeran and Local 107 former pres Louis J Bottone for allegedly violating Federal racketeering statutes by committing murder, attempted murder, arson . The witness then took the refuse outside the building. [18] The brief was prepared by Judge DiBona as a rough draft before he went on the bench and sent by him to his former co-counsel, Mr. Peruto, thereafter. The fact that a guy like Sheeran was chosen to head one of the new locals put the lie to the "reform" effort. Like the Kennedy assassination, the Hoffa murder remains one of the great American mysteries. During those days it was often difficult to separate the mobsters from the Teamster bosses. However, in view of the majority's holding that the color slides of the victims were properly admitted and shown to the jury, I must express my dissent on that issue. In the course of his chores, he entered the office in which Sullivan was seated. Moreover, in no appeals from orders rendered in PCHA proceedings do we permit oral argument except by special order of court, notwithstanding that all such cases appealed as of right to this Court involve felonious homicides. See also, Commonwealth v. Tinsley, 465 Pa. 329, 350 A.2d 791 (1976); Commonwealth v. McIntyre, 451 Pa. 42, 47, 301 A.2d 832, 834 (1973). About 6:15 p.m., McGrath re-entered the office in which Sullivan was seated to empty some trash cans, and he and Sullivan observed Gorey and Janda arrive at the building. This Court denied a petition for reargument and later denied a self-styled "Petition for Leave to File a Petition for Re-consideration of the Petition for Reargument.". [12] In support of his position, appellant relies upon our decisions in Commonwealth v. Archambault, 448 Pa. 90, 290 A.2d 72 (1972) and Commonwealth v. Goins, 457 Pa. 594, 321 A.2d 913 (1974), both of which were decided several years after Sullivan's trial. Skinny Razor DiTullios Friendly Lounge at Eighth and Washington and the still very popular Villa di Roma restaurant on Ninth Street also figure in the story. However, such photographs will not be excluded merely because they are unpleasant or gruesome. POMEROY, Justice, concurring and dissenting. Commonwealth v. Petrakovich, 459 Pa. 511, 526, 329 A.2d 844, 851 (1974) (Dissenting opinion of Roberts, J., joined by Manderino, J.). To recapitulate, at No. The division of the court with respect to affirming the judgments was again noted, and the contention was advanced, citing Neil v. Biggers, 409 U.S. 188, 93 S. Ct. 375, 34 L. Ed. He removed any evidence indicating that he had been in the building and left. On the average, therefore, each slide was projected for almost thirty seconds. Sheeran was charged in the DeGeorge hit but beat that rap on a technicality. See brief of appellant at Nos. MOB RULE: A Kingpin, The Mob & A Murder', The Deeper - RIELPOLITIK 121 the Court, in my judgment, turns Pennsylvania appellate jurisprudence in criminal cases on its head, and seriously compromises the integrity of the appellate process. Thus, Judge DiBona served only a minor role in the trial of the co-defendants while devoting his primary efforts to the Sullivan case. 1975). I would therefore reverse the judgment of sentence. The Deputy District Attorney, James D. Crawford, Esq., testified that he received his copy of the brief from Mr. Peruto's office; also that he was "with Mr. Peruto personally in the Supreme Court Prothonotary's office when they [the briefs of the parties] were filed, or when they had been filed. Bail was set at $50,000 for Mr. Bottone and at $150,000 for Mr. Sheeran. Justice For Sanitation Workers at Republic/Allied Waste : Teamsters Local 107 . That's why Russell Bufalino co-ordered the hit on Hoffa. [5] The majority asserts that the slides also might aid the jury in understanding the location of the bodies, to rule out the possibility that Janda and Gorey shot each other. Commonwealth v. Breaker, supra; Commonwealth v. Wilson, 429 Pa. 458, 240 A.2d 498 (1968); Commonwealth ex rel. In that event, the determination of waiver or the decision on the merits would be subject to review on the direct appeal. According to the findings of the PCHA court, the appeal was submitted on the "brief" not because counsel believed this would enhance the chances of success on appeal, but because of "considerable confusion." 75 (1937); Commonwealth v. Rife, 454 Pa. 506, 510-11, 312 A.2d 406, 408 (1973).