Legal Opinion

Commonwealth v. Cousar, B., Aplt.

Supreme Court of Pennsylvania

Decided February 22, 2017No. Commonwealth v. Cousar, B., Aplt. - No. 704 CAPPublishedCited by 137 opinions

1Opinion of the Court

OPINION

JUSTICE DOUGHERTY

Bernard Cousar appeals from the order of the Philadelphia Court of Common Pleas denying, without a hearing, the guilt phase claims contained in his petition for relief from his death sentence under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. For the reasons set forth below, we remand to the PCRA court for an evidentiary hearing limited to two issues—whether counsel rendered ineffective assistance for failing to: 1) show the ballistics evidence purportedly tying appellant to a series of crimes and murders was inconsistent; and 2) impeach an…

2Cases cited55 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. BagleySupreme Court of the United States · 1985
  3. Simmons v. United StatesSupreme Court of the United States · 1968
  4. Kyles v. WhitleySupreme Court of the United States · 1995
  5. Chambers v. MississippiSupreme Court of the United States · 1973

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3Cited by137 opinions

  1. Commonwealth v. BrownSupreme Court of Pennsylvania · 2018
  2. Com. v. Smith, S.Superior Court of Pennsylvania · 2020
  3. Commonwealth v. Rivera, W., Aplt.Supreme Court of Pennsylvania · 2018
  4. Com. v. Campbell, G.Superior Court of Pennsylvania · 2021
  5. Commonwealth v. DomekSuperior Court of Pennsylvania · 2017

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