COMMONWEALTH V. HATHAWAY
347 Pa.Super. 134, 500 A.2d 443 (1985)
NATURE OF THE CASE: Hathaway (D) was convicted of first degree murder and eventually filed a writ of habeas corpus on grounds of ineffective assistance of counsel.
FACTS: D met his estranged wife leaving a school after she had just dropped off their son. They talked for a short time and D pulled out a gun and D chased his wife down firing several shots at her. When she was on the ground he reloaded and placed the gun at her head and fired several more times. D claimed mitigation from intoxication and mental disturbances and because of this diminished capacity he could not have formed the intent to kill. D was found guilty of first degree murder. His appeals were denied and eventually he filed this habeas corpus writ.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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