Commonwealth v. Jones
Decision Date | 21 June 2002 |
Citation | 569 Pa. 229,802 A.2d 1232 |
Parties | COMMONWEALTH of Pennsylvania, Petitioner v. Damon JONES, Respondent. |
Court | Pennsylvania Supreme Court |
PETITION FOR PERMISSION TO APPEAL
AND NOW, this 21st day of June 2002, the Commonwealth's Petition for Permission to Appeal the PCRA court's certified discovery order in this capital case is GRANTED. See Commonwealth v. Tilley, 566 Pa. 312, 780 A.2d 649, 651-52 (2001)
. The court below granted PCRA discovery to enable respondent to pursue a claim under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), notwithstanding that respondent, who was tried in 1983, never raised or preserved a Batson claim at trial. In that the claim upon which the court below granted discovery is unavailable under the PCRA, the discovery question is controlled by Tilley. See
780 A.2d at 654 ( ). Accordingly, the discovery order is REVERSED. Jurisdiction is relinquished.
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Com. v. Jones
...this Court reversed the PCRA court's Order, holding that Jones' claim of racial discrimination was not cognizable. Commonwealth v. Jones, 569 Pa. 229, 802 A.2d 1232 (2002). We remanded the case on November 5, The PCRA court completed the evidentiary hearing and subsequently granted a new pe......
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Com. v. Jones
...the claim is unavailable under the PCRA, the appellant is not entitled to discovery related to that claim. See Commonwealth v. (Damon) Jones, 569 Pa. 229, 802 A.2d 1232 (2002) (reversing the PCRA court's discovery order); see also Commonwealth v. Tilley, 566 Pa. 312, 780 A.2d 649 (2001) (ho......