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accused accused’s acid mine water admission affirmed alleged Allegheny County Amends appellant appellant’s appellee argues arrest assert Atty charge claim Common Pleas Commonwealth Court concurring and three concurring in result contract Conviction Hearing Act County Court of Common court’s crime Criminal Law defendant defendant’s defense counsel delay denied determine direct appeal double jeopardy clause EAGEN error evidence fact failure filed guilty homicide ineffective insured issue JONES judgment of sentence jury Justice concurring liability ment Miranda warnings mistrial monwealth motion murder NIX and MANDERINO O’BRIEN P. J. _ _ P.S.Const Pa.R.Crim.P party PCHA petition Philadelphia plaintiff PLCB police POMEROY Post Conviction Hearing post-trial counsel prejudice pretrial prior proceeding prosecution realty reasonable doubt record Roberts rule S.Ct speedy trial statement strict liability Sullivan suppression supra Supreme Court testified testimony three Judges concurring tion totten trusts trial counsel trial court trial judge victim voluntary voluntary manslaughter waived witness