Commonwealth v. Bennett

OPINION

Chief Justice CASTILLE.

The Commonwealth appeals from the opinion and order of the Superior Court, affirming the order of the Court of Com*1187mon Pleas of Philadelphia County granting appellee relief from his murder conviction pursuant .to the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546. The courts below held that appellee’s trial counsel was ineffective for failing to challenge the jury instructions at appellee's 1998 trial for first-degree murder and related charges. In the view of the Superior Court panel, the jury charge violated this Court’s subsequent decision in…