Commonwealth v. Hackett

OPINION

Justice BAER.

This is a direct appeal from an order of the trial court, which granted Appellee Richard Hackett’s second petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546, and awarded him a new trial on the ground that the Commonwealth engaged in purposeful discrimination in the selection of the jury in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).1 For the reasons that follow, we vacate the order of the trial court and remand the matter for disposition of a remaining question as to whether Appellee is entitled…