No. 18-8168
Response WaivedIFP
Tags: due-process evidentiary-hearing guilty-plea habeas-corpus hearing-requirement ineffective-assistance-of-counsel material-fact plea-bargaining plea-withdrawal post-conviction-relief procedural-error withdrawal-of-plea
Key Terms:
CriminalProcedure Patent
CriminalProcedure Patent
Latest Conference:
2019-03-29
Question Presented (AI Summary)
Whether the lower court erred in dismissing the petitioner's amended PCRA petition without a hearing
Question Presented (OCR Extract)
No question identified. : QUESTION INVOLVED 1. WHETHER THiS COURT SHOULD VACATE AND REMAND FOR A HEARING WHERE THE LOWER COURT ERRED IN DISMISSING MR. LONG'S AMENDED PCRA PETITION WITHOUT A HEARING WHEN (i) GENUINE ISSUES OF MATERIAL FACT EXISTED AS TO THE MERIT OF MR. LONG'S CLAIM AND.(ii) MR. LONG WOULD BE ENTITLED TO WITHDRAW HIS GUILTY PLEAS IF THE FACTS AVERRED IN THE AMENDED PCRA PETITION WERE, INDEED, PROVEN TO BE TRUE AT A HEARING. ; Answered in the negative by the PCRA court. . 1
Docket Entries
2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-06
Waiver of right of respondent Commonwealth of Pennsylvania to respond filed.
2019-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2019)
Attorneys
Commonwealth of Pennsylvania