Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

COMMONWEALTH OF PENNSYLVANIA, Petitioner v. EDMOND JACKSON, Respondent

PER CURIAM

Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 2527 EDA 2014 entered on September 14, 2015, vacating and remanding the Order of the Philadelphia County Court of Common Pleas at Nos. CP-51-CR-0305882-2005 and CP-51-CR-0603441-2005 entered on August 15, 2014 ORDER PER CURIAM

AND NOW, this 2nd day of May, 2016, upon review of the Commonwealth's Petition for Allowance of Appeal, we find as follows: The Superior Court reversed the Post Conviction Relief Act ("PCRA") court denying Respondent collateral relief, and remanded, finding the PCRA court should have granted Respondent an evidentiary hearing on his after-discovered evidence claim based on criminal charges filed against a trial witness. However, to be entitled to relief based upon an after-discovered evidence claim, a petitioner must, inter alia, establish that the proposed after-discovered evidence is "producible and admissible." Commonwealth v. Smith, 540, A.2d 246, 263 (Pa. 1988). Here, Respondent's after-discovered evidence is inadmissible because the evidence consists only of criminal charges against a witness, not convictions. See Commonwealth v. Taylor, 381 A.2d 418, 419 (Pa. 1977) ("[t]he veracity of a witness may not be impeached by evidence of prior arrests which have not led to convictions"). The Superior Court thus erred in reversing the PCRA court order on this basis, and in remanding for an evidentiary hearing. Accordingly, the Petition for Allowance of Appeal is GRANTED, the order of the Superior Court is REVERSED, and the PCRA court's order denying collateral relief on the basis of after-discovered evidence is REINSTATED.

Chief Justice Saylor dissents.

Use AI to get other relevant cases.

Comments

Commonwealth v. Jackson
(May 2, 2016)