Commonwealth v. Elliott

OPINION

Justice BAER.

In 1994, Joseph Elliott was convicted of the first degree murder of Kimberly Griffith, and sentenced to death. Following the denial of relief on direct appeal, Elliott filed a petition for collateral relief pursuant to the PosMJonvietion Relief Act, 42 Pa.C.S. §§ 9541-9546. Without holding an evidentiary hearing, the Court of Common Pleas of Philadelphia County (“the PCRA court”) granted Elliott a new trial on the following grounds: (1) that trial counsel was ineffective for failing to prepare for trial or interview Elliott in person prior to trial; and (2) that trial…