Commonwealth v. Moore

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice NIGRO.

Appellant Raymond Moore appeals the order of the Superi- or Court reversing the PCRA court’s order granting him a new trial based on his petition for relief filed pursuant to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541, et seq. For the reasons that follow, we reverse.

The record establishes that on September 29, 1989, at approximately 10:30 p.m., Tirone Bivens and three of his friends arrived at the Apollo Lounge where Appellant was an *512employee. Mr. Bivens immediately walked to the kitchen area of the lounge to order…