From Casetext: Smarter Legal Research

Com. v. Dougherty, 585 Cap

Supreme Court of Pennsylvania, Eastern District
Apr 28, 2011
18 A.3d 1095 (Pa. 2011)

Summary

In Commonwealth v. Dougherty, 18 A.3d 1095 (Pa. 2011), in a concurring statement joined by a majority of the Justices of our Supreme Court, Justice Baer felt compelled to comment on why he believed recusal of the trial judge was necessary.

Summary of this case from Commonwealth v. Spanier

Opinion

No. 585 CAP.

Submitted: December 2, 2009.

April 28, 2011.

Appeal from the Order entered on 04/02/2009 in the Court of Common Pleas, Criminal Division of Philadelphia County at No. CP-51-CR-0705371-1999.


ORDER


AND NOW, this 28th day April, 2011, after review, we find that the PCRA court's 10 page opinion provides an insufficient basis for our review, and further find that the PCRA court erred by denying a request for her recusal. Accordingly, we remand this matter to the PCRA court for appointment of a new PCRA judge who shall prepare a fully developed opinion on all of the parties' claims, and may hold an evidentiary hearing or grant any other relief deemed necessary.

The Commonwealth's Application for Leave to File Post-Submission Communication, is granted.

Appellant has filed a letter indicating he does not oppose the Commonwealth's Motion.

Jurisdiction relinquished; case remanded.

Chief Justice CASTILLE and Mesdames Justice Todd and Orie Melvin join the per curiam order.

Mr. Justice Baer files a concurring statement in which Mr. Justice McCaffery and Madame Justice Orie Melvin join.

Mr. Justice Saylor files a concurring and dissenting statement.


Summaries of

Com. v. Dougherty, 585 Cap

Supreme Court of Pennsylvania, Eastern District
Apr 28, 2011
18 A.3d 1095 (Pa. 2011)

In Commonwealth v. Dougherty, 18 A.3d 1095 (Pa. 2011), in a concurring statement joined by a majority of the Justices of our Supreme Court, Justice Baer felt compelled to comment on why he believed recusal of the trial judge was necessary.

Summary of this case from Commonwealth v. Spanier
Case details for

Com. v. Dougherty, 585 Cap

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA, Appellee v. DANIEL DOUGHERTY, Appellant

Court:Supreme Court of Pennsylvania, Eastern District

Date published: Apr 28, 2011

Citations

18 A.3d 1095 (Pa. 2011)

Citing Cases

Moore v. Rivello

Before her resignation, the Pennsylvania Supreme Court required Judge Hughes to recuse herself in a…

Commonwealth v. Spanier

Berrigan, 535 A.2d at 104. In Commonwealth v. Dougherty, 18 A.3d 1095 (Pa. 2011), in a concurring statement…