Commonwealth v. Smith

OPINION

Justice EAKIN.

Appellant appeals from the order denying him relief pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. We affirm the denial of guilt phase relief, and reverse the denial of penalty phase relief, remanding for a new penalty hearing.

Appellant was charged with first degree murder and related offenses resulting from the strangling death of a young woman whose body was dumped in a creek.1 At trial, the Commonwealth presented the transcribed, tape-recorded statement appellant gave police after waiving his Miranda2 rights, in which appellant admitted…