IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 294 EAL 2014
:
Petitioner : Petition for Allowance of Appeal from the
: Order of the Superior Court
:
v. :
:
:
JOSE MEDINA, :
:
Respondent :
ORDER
PER CURIAM
AND NOW, this 11th day of December, 2014, the Petition for Allowance of
Appeal is GRANTED. The issues, as stated by Petitioner, are:
(1) Does the en banc Superior Court’s published decision contravene
the plain language of the PCRA and precedent by deeming
defendant duly diligent in pursuing his claim despite his failure to
speak with the recanting witness for fourteen years?
(2) Does the en banc Superior Court’s published decision contravene
precedent by failing to properly consider factors that greatly
undermined the reliability of the recantation evidence, and
rendered erroneous the determination that it likely would have
changed the verdict?
(3) Does the en banc Superior Court’s published decision contravene
precedent by approving an ostensible credibility finding against a
key witness whose testimony the PCRA court suppressed?
(4) Does the en banc Superior Court’s published decision contravene
the governing standard by rejecting the Commonwealth’s recusal
argument where the PCRA judge’s repeated conduct in sua sponte
raising claims on defendant’s behalf created an objective
appearance of impropriety?