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COM. v. BENNETT

No. 61 EAP 2011

57 A.3d 1185 (2012)

COMMONWEALTH Of Pennsylvania, Appellant v. Tony L. BENNETT, Appellee.

Supreme Court of Pennsylvania.

Decided December 28, 2012.

Attorney(s) appearing for the Case

Hugh J. Burns Jr. , Philadelphia, Peter Carr , Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.

Mitchell S. Strutin , for Tony L. Bennett.

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

OPINION

Chief Justice CASTILLE.

The Commonwealth appeals from the opinion and order of the Superior Court, affirming the order of the Court of Common Pleas of Philadelphia County granting appellee relief from his murder conviction pursuant to the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541-9546. The courts below held that appellee's trial counsel was ineffective for failing to challenge...

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