COM. v. MALLORY


888 A.2d 854 (2005)

COMMONWEALTH of Pennsylvania, Appellant, v. Ricky MALLORY, Appellee. Commonwealth of Pennsylvania, Appellant, v. Braheem Lewis, Appellee. Commonwealth of Pennsylvania, Appellant, v. Hakim Lewis, Appellee.

Superior Court of Pennsylvania.

Filed November 15, 2005.

Reargument Denied January 12, 2006.


Attorney(s) appearing for the Case

Hugh J. Burns, Jr., Asst. Dist. Atty., Philadelphia, for Com., appellant.

Patrick J. Egan, Philadelphia, for Mallory, appellee.

Burton A. Rose, Philadelphia, for B. Lewis and H. Lewis, appellees.

BEFORE: BENDER, GANTMAN, and JOHNSON, JJ.


OPINION BY GANTMAN, J.:

¶ 1 Appellant, the Commonwealth of Pennsylvania, appeals from the order entered in the Philadelphia County Court of Common Pleas, which granted relief in the form of a new trial to Appellees, Ricky Mallory, Braheem Lewis and Hakim Lewis, on their claims brought under the Post Conviction Relief Act ("PCRA").1 The Commonwealth asks us to determine whether the PCRA court should have rejected Appellees' ineffective...

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