Legal Opinion · Concurrence

Commonwealth v. Williams

Supreme Court of Pennsylvania

Decided June 4, 1999Published

1ConcurrenceCastille, Justice

I agree with the majority that remand to the PCRA court for a hearing on factual and credibility issues, which cannot be decided by this Court based on the present record, is neces*254sary. I write separately only to emphasize the portion of the Majority Opinion that criticizes the PCRA court’s wholesale adoption of the Commonwealth’s brief and because I believe that review of any of the issues raised in the petition is premature under the circumstances. The PCRA court’s failure to draft an opinion addressing the claims constitutes an abdication of the trial court’s duty which cannot be condoned.…

2Cases cited4 opinions

  1. Commonwealth v. RiniSuperior Court of Pennsylvania · 1981
  2. Commonwealth v. WoodSuperior Court of Pennsylvania · 1994
  3. Dorn v. Stanhope Steel, Inc.Supreme Court of Pennsylvania · 1987
  4. Commonwealth v. ScalesSuperior Court of Pennsylvania · 1983

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