Commonwealth v. Hawkins

OPINION

Justice BAER.

The Commonwealth appeals the Superior Court’s order affirming the PCRA1 court’s grant of a new trial to Brian Hawkins (Appellee). The courts below ruled that trial coun*369sel’s decision not to seek a jury charge regarding Appellee’s alibi evidence constituted ineffective assistance of counsel. See Commonwealth v. Hawkins, 848 A.2d 954 (Pa.Super.2004). Both courts construed our decision in Commonwealth v. Roxberry, 529 Pa. 160, 602 A.2d 826 (1992) (Roxberry II),2 to compel such a ruling where an alibi instruction is not included in a jury charge. Rather than contest this…