[J-18-2019]
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 755 CAP
:
Appellee : Appeal from the Orders entered on
: January 29, 2003, March 25, 2003
: and August 26, 2011 in the Court of
v. : Common Pleas, Philadelphia County,
: Criminal Division at CP-51-CR-
: 1031752-1988, denying in part post
KEVIN PELZER, : conviction relief. (Nunc pro tunc
: appeal rights reinstated on June 1,
Appellant : 2017.)
:
: SUBMITTED: February 4, 2019
CONCURRING STATEMENT
JUSTICE DOUGHERTY FILED: November 26, 2019
I join the Court’s decision to dismiss the instant appeal and remand to the
Philadelphia Court of Common Pleas for sentencing pursuant to our previous mandate in
Commonwealth v. Daniels and Pelzer, 104 A.3d 267, 319 (Pa. 2014). However, it is my
position that, should Pelzer seek future relief in connection with his recusal-based due
process claim that led to the instant nunc pro tunc appeal before this Court, the remedy,
if deemed warranted by the trial court, must be limited in the manner described in my
Opinion in Support of Affirmance in Commonwealth v. Taylor, __ A.3d __, 2019 WL
5782165 (Pa. filed Nov. 6, 2019) (Dougherty, J., Opinion in Support of Affirmance) (the
only constitutionally available remedy where a petitioner successfully pleads and proves
in a timely PCRA petition that a constitutional violation occurred during the appellate
process is reinstatement of the nunc pro tunc right to seek reargument of the original
appellate decision pursuant to Pa.R.A.P. 2543).
Justice Mundy joins this concurring statement.