Legal Opinion

Commonwealth v. Brown

Superior Court of Pennsylvania

Decided August 12, 2016No. 2923 EDA 2014PublishedCited by 10 opinions

1Opinion of the Court

OPINION BY LAZARUS, J.:

Richard Brown appeals from the order, entered in the Court of Common Pleas of Philadelphia County, denying his petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541 -9546. Because trial counsel failed to have even one face-to-face meeting with Brown prior to his capital trial, we are constrained to deem such conduct constitutionally 2 ineffective representation pursuant to Commonwealth v. Brooks, 576 Pa. 332 , 839 A.2d 245 (2003), as it relates to the facts of this case. Thus, we reverse and remand for a new trial.

The trial court set forth…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Commonwealth v. PierceSupreme Court of Pennsylvania · 1987
  3. Ungar v. SarafiteSupreme Court of the United States · 1964
  4. Commonwealth v. HolmesSupreme Court of Pennsylvania · 2013
  5. Commonwealth v. SpotzSupreme Court of Pennsylvania · 2012

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3Cited by10 opinions

  1. Com. v. Blatch, H.Superior Court of Pennsylvania · 2020
  2. Com. v. Brown, R.Superior Court of Pennsylvania · 2021
  3. Com. v. Lawrence, W., Jr.Superior Court of Pennsylvania · 2019
  4. Com. v. Montgomery, J.Superior Court of Pennsylvania · 2021
  5. Com. v. Rogers, W.Superior Court of Pennsylvania · 2020

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