Commonwealth v. Brown
Decision Date | 18 August 2003 |
Citation | 574 Pa. 231,830 A.2d 536 |
Parties | COMMONWEALTH of Pennsylvania, Appellee v. Charles BROWN, Appellant. |
Court | Pennsylvania Supreme Court |
Daniel Silverman, Philadelphia, for Charles Brown, Appellant.
Hugh J. Burns, Philadelphia, Amy Zapp, Harrisburg, for the Com., Appellee.
Before: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.
This capital case, currently on review under the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541-9546 (the "PCRA"), was previously remanded to the PCRA court for a written opinion providing adequate reasons for dismissal without an evidentiary hearing, per Rule of Appellate Procedure 1925(a). See Pa.R.A.P.1925(a). Due to the retirement from the bench of the judge who presided over the post-conviction proceedings, the common pleas court (per another judge) was unable to comply, but instead, provided the following explanation:
(footnote in original). The court also noted that the file contains no notice of intention to dismiss as required by Pa. R.Crim.P. 909(B)(2).
In capital, post-conviction appeals, this Court has recently emphasized the necessity of both an adequate written opinion of the PCRA court, see Commonwealth v. Williams, 557 Pa. 207, 224-25, 732 A.2d 1167, 1176 (1999)
; see also id. at 254-55, 732 A.2d at 1192-93 (Castille, J.), and appropriate and sufficient pre-dismissal notice where a post-conviction petition is dismissed,...
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