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COMMONWEALTH v. COUSAR

No. 704 CAP.

154 A.3d 287 (2017)

COMMONWEALTH of Pennsylvania, Appellee v. Bernard COUSAR, Appellant.

Supreme Court of Pennsylvania.

DECIDED: February 22, 2017.

Attorney(s) appearing for the Case

Maura McNally, Esq. , Federal Public Defender's Office, for Bernard Cousar, appellant.

Hugh J. Burns Jr., Esq. , Philadelphia, Peter Carr, Esq. , Robin Beth Godfrey, Esq. , Philadelpia District Attorney's Office, Amy Zapp, Esq. , PA Office of Attorney General, for Commonwealth of Pennsylvania, appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE DOUGHERTY

Bernard Cousar appeals from the order of the Philadelphia Court of Common Pleas denying, without a hearing, the guilt phase claims contained in his petition for relief from his death sentence under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541-9546. For the reasons set forth below, we remand to the PCRA court for an evidentiary hearing limited to two issues — whether...

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