Com. v. Rainey
Decision Date | 28 December 2001 |
Citation | 786 A.2d 942,567 Pa. 271 |
Parties | COMMONWEALTH of Pennsylvania, Appellee v. Michael RAINEY, Appellant. |
Court | Pennsylvania Supreme Court |
Robert Brett Dunham, Philadelphia, for appellant, Michael Rainey.
Catherine Marshall, Philadelphia, for appellee, Com.
Robert A. Graci, Harrisburg, for appellee, Office of Atty. Gen.
Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.
AND NOW, this 28th day of December, 2001, this case is remanded for an appropriate disposition in accordance with Commonwealth v. Williams, 782 A.2d 517 (Pa. 2001).
The PCRA court in this case failed to file an independent opinion in support of its dismissal of the PCRA petition, instead relying upon the reasoning set forth in the Commonwealth's Motion to Dismiss and accompanying brief. For the reasons stated in my Concurring Opinions in Commonwealth v. (Craig) Williams, 782 A.2d 517 (Pa.2001) and Commonwealth v. (Roy) Williams, 557 Pa.207, 732 A.2d 1167 (1999), I agree that this appeal must be remanded to the PCRA court "to prepare an opinion reflecting its independent consideration of the issues raised in the amended PCRA petition and for whatever further proceedings, if any, the PCRA court may deem necessary to accomplish that task." Craig Williams, 782 A.2d at 530 (Castille, J., concurring). Accord Roy Williams, 732 A.2d at 1193 (Castille, J. concurring)
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Com. v. Rainey
...the case to the PCRA court and ordered a more detailed explanation of the reason for the court's disposition. Commonwealth v. Rainey, 567 Pa. 271, 786 A.2d 942 (2001); see Commonwealth v. (Craig) Williams, 566 Pa.553, 782 A.2d 517 (2001) (remanding PCRA case where the PCRA court adopted the......
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Com. v. Fulton
...4, 568 Pa. 346 (2001)(noting previous per curiam order remanding for PCRA court opinion pursuant to (Roy) Williams); Commonwealth v. Rainey, 567 Pa. 271, 786 A.2d 942 (2001). In addition, in another published opinion involving a capital PCRA appeal, this Court again enforced the rule. See C......
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Com. v. Rainey
...to the PCRA court to prepare an opinion consistent with Commonwealth v. Williams, 566 Pa. 553, 782 A.2d 517 (2001). Commonwealth v. Rainey, 567 Pa. 271, 786 A.2d 942 (2001). I participated in that decision and authored a concurring statement. Again, I was not asked to recuse. On July 26, 20......
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Rainey v. Sec'y Pa. Dep't of Corr.
...to the Pennsylvania Supreme Court. In 2001, Rainey's case was remanded for a more detailed PCRA opinion. See Commonwealth v. Rainey (Rainey II), 786 A.2d 942, 942(Pa. 2001). His petition was again denied and he again appealed to the Pennsylvania Supreme Court. In July 2007, his appeal was d......