Commonwealth v. Poplawski

LALLY-GREEN, J.:

¶ 1 The Commonwealth appeals from the order entered on January 27, 2003, granting a new trial to Appellee Chad Elliott Poplawski under the Post Conviction Relief Act (PCRA), 42 Pa.C.S.A. §§ 9541-9546. 1 We affirm.

¶ 2 On direct appeal, this Court summarized the factual and procedural history of the case as follows:

[Poplawski] and the victim, Ikechuk-wu Iregbulem, had a history of confrontations. In the late evening of January 28, 1999, [Poplawski] was taunting the victim at a nightclub. He told the victim that he knew where he lived and was “going to spray his crib”, meaning he…