Appeal D.P.i# 331
COURT OF COMMON PLEAS
APPEALS DIVISION
ROOM 601 CITY HALL
5 ‘ PHILADELPHIA, PA. 19107
COMMONWEALTH © : CCP Lower Court Numbers
vs. ,
} WAYNE SCHELLINGER : CPH 9104~2384-2386
; Phila, Police Photo #:_ 735999 Computer Lead #: 9104-2384 LN)
i Offense Tracking #: M4637091 Appellate Ct. #: Jy AEE:
Judge: William Mazzola Bove EAP HA
i DATE: DOC.# DESCRIPTION OF ACTION:
$
i 4-14-92 D-3 - =~ Notice of Appeal to Superior Court
} ce from the final reer7judgment entered on
a) -24-92
Appeal filed by; Joseph Canuso, Es
i i ‘ Status: IFP/ P ae
| Appointment of Counsel Request forwarded,
H . Counsel appointed:
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: Bills of Information located.
6/1/92 - -- Docket entries prepared, record to Judge.
4/28/92 p-4 -- Order pursuant to Pa. R.A.P. 1925(b), filed.
Statement of Matters pursuant to PRAP 1925(b),
filed.
Record returned from Judge
cK Opinion filed. |ql« j
| b-ie-93 bs a if
i ° _ Record transmitted to Appellate Court.
| -a.r-43
: -- NOTES OF TESTIMONY:
Do 4/11/91, 12/5/91, 12/6/91, 12/9/91
| 3-.-4p Secev
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DATE:
APPELLATE COURT ACTION
Opinion by:
Judgment of sentence affirmed by Superior Ct.
Order affirmed by
Superior Court.
Judgment of sentence/order
reversed/vacated,
7-25-93
Miscellaneous Disposition: AepERL DISHISSED
urtoor FREJIDICE Fa PORA | Ceenlse LGES
Wimyteco Feo Sesery ft. CAddso.
Petition for Allowance of Appeal to the Supreme
Court, filed ; a .
Petition for Allocatur Denied.
Petition for Allocatur Granted, -
Appeal Docket #
Record sent to Supreme Court
Decision of the Supreme Court:
9-49-93
70 ~ 46-93
Record returned to the Jurisdiction of the
Court of Common Pleas AYyzAnEcAyy
Defendant in DACLAS at #BU- 5330.
Disposition Code 06 ¥¢ Letter Code F
Record to:
Microfilm:
other: / PCL ;
DEPT Aeesponl0’s ves / 7 3k,
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COURT: OF COMMON PLEAS
TRIAL DIVISION
APPEALS UNIT
ROOM 601 CITY HALL
PHILADELPHIA, PA. 19107
ee
686~-4285,2623
ALEX BONAVITACOLA
ADMINISTRATIVE JUDGE
TRIAL DIVISION
JOANNE MORELLI BESDEN
SUPERVISOR
LEGROME D. DAVIS
SUPERVISING JUDGE : October 1, 1993
CRIMINAL DIVISION .
Mr. Wayne Schellinger, BU-5330
State Correctional Institute-Dallas
Dallas, Pennsylvania 18612-0286
Dear Mr. Schellinger:
In re: C.P. # 9104-2384, 2386
Please see the attached Order entered in the Superior Court in reference to your
appeal. The appeal was dismissed due to counsel's failure to file a brief, with-
out prejudice to appellant's rights under the Post Conviction Relief Act.
PCRA Petitions and assistance in completing same are usually available through
the law clinic. Once completed, file your Petition with Room 758 City Hall.
An attorney will be appointed and your case will be reviewed on an individual
level.
If you do not file a PCRA Petition, but want your appellate rights re-instated,
you must notify this office in writing within thirty (30) days. If we receive
a positive response from you, your case will be placed on a list for: the appoint-
ment of counsel for the purpose of an appeal, Nunc Pro Tunc. This is often a
lengthy procedure because of the volume of cases processed in this manner. Your
patience is appreciated.
Therefore, if we do not hear from you within thirty (30) days, we will assume
that you either have taken steps to file your own PCRA Petition; or, do not
desire to pursue an appeal in this matter.
Very truly yours,
(ma) Up pe
Angela/J.° Bernhard
ec: Court Record
044 notification file
10-20-93 DEFT. Késtouos Yes fisr 3X
AJB
COURT OF COMMON PLEAS
TRIAL DIVISION
APPEALS UNIT
ROOM 601 CITY HALL
PHILADELPHIA, PA. 19107
686-4285 ,2623
ALEX BONAVITACOLA JOANNE MORELLI BESDEN
AOMINISTRATIVE JUDGE SUPERVISOR
TRIAL DIVISION
LEGROME D. DAVIS
SUPERVISING JUDGE
CRIMINAL DIVISION October 20, 1993
Mr. Wayne Schellinger, BU-5330
State Correctional Institute-Dallas
Drawer K
Dallas, Pennsylvania 18612-0286
Dear Mr. Schellinger:
Receipt is acknowledged of your letter dated October
17, 1993.
This is to advise you that your name will be put on
a list for the appointment of counsel. You will be on List 38.
The PCRA Unit is currently working on List 36. As explained
previously this is a very slow process, so your patience will
be appreciated.
Lc iw) ae
A pe J. Bernhard
AUB
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NELSON A, DIAZ
ADMINISTRATIVE JUDGE
TRIAL DIVISION
COURT OF COMMCN PLEAS
TRIAL DIVISION
APPEALS UNIT
ROOM 601 CITY HALL
PHILADELPHIA, PA. 19107
686-4285, 2623
JOSEPH A. LANZALOTTI
DEPUTY COURT ADMINISTRATOR
DOCKET ENTRIES
COMMONWEALTR
vs.
WAYNE SCHELLINGER
DATE Doc, #
5/2/91 -
1991 April
2384 Murder; Voluntary Manslaughter
2386 Possessing Instruments of Crime Generally;
Possessing Instruments of Crime-Concealed
Weapon
DOCUMENT DESCRIPTION
ELON
~ Court Room 646
Court Reporter L. Amatucei
Defense Counsel J. Canuso
Honorable William Manfredi, Presiding
- The defendant, W. Schellinger, has been
arraigned under Penna. Criminal Code Section
303-306.
Manfredi, J.
Defendant waived formal arraignment. Not
Guilty plea entered to all charges. Informal !
discovery completed. Run date 11/18/91. No
notices. Continue 5/30/91 for status.
Manfredi, J. tr
DOCKET ENTRIES ~ WAYNE SCHELLINGER ~ PAGE 2
: DATE boc. # DOCUMENT DESCRIPTION
5/30/91 -— - Court Room 646
Court Reporter H. Christian
Defense Counsel J. Canuso
Honorable William Manfredi, Presiding
~ Advance defense request. Attorney
unavailable. Continue 6/26/91 for status.
Time excludable.
t Manfredi, J.
t 6/26/91 e - Court Room 646
Court Reporter M. Kerr
Defense Counsel J. Canuso
Honorable William Manfredi, Presiding
Defense requests continuance for prepara-
tion; investigation of expert witness.
Continue 7/24/91 for status. Time
excludable.
Manfredi, J.
6/26/91 D-1 - Motion to Suppress Statements.
7/24/91 - - Court Room 646
Court Reporter L. Amodei
Defense Counsel J. Canuso
Honorable William Manfredi, Presiding
Defense requests continuance for preparation
and investigation. Continue 9/9/91 for
status of ready pool assignment. Time
excludable.
Manfredi, J.
DOCKET ENTRIES - WAYNE SCHELLINGER - PAGE 3
DATE Doc. # DOCUMENT DESCRIPTION
I 8/28/91 ~ ~ Court Room 285
i Court Reporter J. Cahill
Defense Counsel J. Canuso
Honorable Joseph O'Keefe, Presiding
- Court hereby allowed Dr. William O'Brien
to examine defendant in City Hall cell-
room. List for status. Continue
9/9/91, Room 646, .
O'Keefe, J.
10/7/91 3 - Court Room 646
. Court Reporter L. Amodei
Defense Counsel J. Canuso
Honorable William Manfredi, Presiding
- List for possible non-trial disposition.
Continue 10/8/91, Room 646.
Manfredi, J.
10/8/91 = - Court Room 646
Court Reporter L. Amodei
Defense Counsel J. Canuso
Honorable William Manfredi, Presiding
- Case placed in ready pool. Waiver.
Manfredi, J.
10/28/91 a - Court Room 285
Defense Counsel J. Canuso
Honorable William Mazzola, Presiding
- List for back-up trial. Continue
11/18/91, Room 285.
i Mazzola, J.
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DOCKET ENTRIES - WAYNE SCHELLINGER - PAGE 4
DATE
11/18/91
12/5/91
12/9/91
Doc. #
DOCUMENT DESCRIPTION
Court Room 285
Court Reporter C. Queen
Honorable William Mazzola, Presiding
Listed for trial in back-up. Continue
12/5/91, Room 285.
Mazzola, J.
Court Room 285
Court Reporter Maureen Rible
Defense Counsel Joseph Canuso.
Honorable William Mazzola, Presiding
Motion to suppress any and all statements
made at time of arrest heard and denied.
Formal arraignment waived. Defendant
enters a plea of Not Guilty to all listed
charges and waives his right to a trial
by jury.
Mazzola, J.
Court Room 285
Court Reporter Stanley Wilder
Defense Counsel Joseph Canuso
Honorable William Mazzola, Presiding
On Bill # 2384 adjudged Guilty as to Murder
in the First (lst) Degree-Mentally Ill.
On Bill # 2386 adjudged Guilty
Pre-Sentence investigation/mental health
evaluation ordered. Sentencing deferred
pending receipt of reports and filing/
disposition of Post Verdict Motions.
Continue 2/11/92, Room 253.
Bail revoked.
Mazzola, Bee
DOCKET ENTRIES - WAYNE SCHELLINGER - PAGE 5
DATE poc. # DOCUMENT DESCRIPTION
12/17/91 D-2 - Motion for a New Trial and/or In Arrest
of Judgment, filed.
3/24/92 - - Court Room 253
. Court Reporter Maureen Rible
Defense Counsel Joseph Canuso
Honorable William Mazzola, Presiding
i . - SENTENCE OF THE COURT:
\ Bill # 2384. - Defendant is sentenced to a term of Life
t . Imprisonment at the State Correctional
Institution at Graterford. Defendant is
| to continue with psychotherapy and
i medication. To be housed in hospital
wing of institution. Pay $145.00 cost
i within 6 months after release. All other
; charges merge.
Mazzola, J.
Bill # 2386 - Defendant is placed on probation for a
period of five (5) years. Said pro-
bation is to run concurrently with Bill
# 2384. All other charges merge.
Mazzola, J.
THIS IS TO CERTIFY THAT THE ABOVE IS A
Appeal D.P.# 231
COURT OF COMMON PLEAS
APPEALS DIVISION
ROOM 601 CITY HALL
PHILADELPHIA, PA. 19107
| COMMONWEALTH 3 CCP Lower Court Numbers
vs. t
WAYNE SCHELLINGER ; - CP# 9104~2384-2386
Phila. Police Photo #: 735999 Computer Lead #: 9104-2384
Offense Tracking #:___M4637091 Appellate Ct. #:/y7 Aye. 942
| Judge; William Mazzola KLOVE FAI Q
DATE: DOC. # DESCRIPTION OF ACTION:
4-14-92 D-3 -- Notice of Appeal to Superior Court
from the final oMder7 judgment entered on
Appeal filed by: Joseph Canuso, Esq.
Status: IFP/ ProMeaxapype ~
Appointment of Counsel Request forwarded.
Counsel appointed:
i Bills of Information located.
\ 6/1/92 - -- Docket entries prepared, record to Judge.
4/28/92 D-4 -- Order pursuant to Pa. R.A.P. 1925(b), filed.
Statement of Matters pursuant to PRAP 1925(b),
filed.
Record returned from Judge
Opinion filed.
Record transmitted to Appellate Court.
-~ NOTES OF TESTIMONY:
4/11/91, 12/5/91, 12/6/91, 12/9/91
MEMORANDUM éf) or Penaveneas
TS
Prom
susvacT:
BETA (Rew, 3/59)
superior Court Prothonotary pate WwWiSe-Gs
Appeals Unit, Criminal Division, Rm. 601 CH
Comm. Vs. WO gOe Schel linger
Lower Court @ Q Ou-23a4+
superior court # \G\"7
Materials transmitted herein ) =a u -9a
Attached you will find additional testimony or documents
filed with our office after the lower court record wae tranamittea
for appellate review. Therefore, we are forwarding these items
so that they may be docketed and included with the lower court
record which is in your possession.
Kindly sign and date the attached copy which will serve
as our receipt that these items were delivered,
Thank you for your cooperation in this matter.
Date Received: e/Z74
Signature: LZ. Laglé. Poe EA
' RESPONSE TO THB MEMORANOUM MAY BE MAO WEREON IN LOWONANO