Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

COMMONWEALTH OF PENNSYLVANIA, Petitioner, v. DAMON JONES, Respondent.

ORDER

PER CURIAM.

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, 780 A.2d 649, 651-52 (Pa. 2001). The court below granted PCRA discovery to enable respondent to pursue a claim under Batson v. Kentucky, 476 U.S. 79 (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 (because appellee was not entitled to assert PCRA claim under Batson and Powers v. Ohio, 499 U.S. 400 (1991), "he has not shown the necessary `good cause' required for discovery related to this claim"). Accordingly, the discovery order is REVERSED.

Jurisdiction is relinquished.

Use AI to get other relevant cases.

Comments

COM. v. JONES
(Jun 21, 2002)