Commonwealth v. Rush

*9 OPINION

Chief Justice CAPPY.

This is an appeal from the order of the Court of Common Pleas of Philadelphia County denying Appellant, Larry Rush’s, petition seeking relief pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541-9546 (hereinafter the “PCRA”). For the reasons that follow, we reverse the order of the PCRA court and remand for an evidentiary hearing.

In June of 1988, a jury convicted Appellant of first-degree murder, robbery, burglary, and possessing an instrument of crime related to the death of Veranica Hands.1 Following the penalty phase, the jury found two aggravating…