Commonwealth v. Glasco

POMEROY, Justice,

dissenting.

It is my belief that issues which have been properly preserved at all prior stages and are now before this Court for decision should be resolved before a remand is ordered on an ineffectiveness of counsel claim. This is because “counsel’s presumed inability to argue with zeal his own trial *494mistakes [should not extend] to other issues on appeal which . he could argue as effectively as anyone.” Commonwealth v. Gardner, 480 Pa. 7, 14, 389 A.2d 58, 61 (1978) (Pomeroy, J., dissenting). I therefore dissent from the Court’s refusal to reach the retroactivity question in this, case.*

Cf. Commonwealth v. Lynch, 477 Pa. 390, 383 A.2d 1263 (1978); id., 477 Pa. at 396, 383 A.2d at 1266 (Pomeroy, J., concurring); Commonwealth v. Colbert, 476 Pa. 531, 542, 383 A.2d 490 (1978) (opinion in support of affirmance); Commonwealth v. Ernst, 476 Pa. 102, 381 A.2d 1245 (1977) (opinion in support of affirmance).