Commonwealth v. Stewart

OPINION BY BOWES, J.:

The Commonwealth appeals from the order granting Edward E. Stewart a new trial after he timely filed his first post-*704conviction relief petition pursuant to the Post-Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. After careful review, we affirm.

Appellee and Alvin Hooper, Jr. operated a speakeasy in the basement of a row home in Philadelphia. According to Hooper, on April 7, 2006, both men and Kevin Bing were at the speakeasy, drinking, laughing, and discussing the military. During the course of the day, Hooper fell asleep, although he indicated that he was only…