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COMMONWEALTH v. COLAVITA

No. 20 EAP 2008

993 A.2d 874 (2010)

COMMONWEALTH of Pennsylvania, Appellant v. Christian COLAVITA, Appellee.

Supreme Court of Pennsylvania.

Decided April 29, 2010.

Attorney(s) appearing for the Case

Arnold H. Gordon, Ronald Eisenberg, Hugh J. Burns, Jr., Peter Carr, Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.

David Rudovsky, Kairys, Rudovsky, Messing & Feinberg, Philadelphia, for Christian Colavita.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Chief Justice CASTILLE.*

The Commonwealth appeals from the published opinion and order of the Superior Court, which reversed the order of the PCRA1 court, vacated appellee's judgment of sentence for third-degree murder, and remanded the case for a new trial. The Superior Court held that appellee's trial counsel was ineffective in failing to object to the prosecutor's commentary concerning...

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