Commonwealth v. Beasley

NIGRO, Justice,

concurring.

I join in the decision of the Majority. I write separately, however, because although I did not have an opportunity to participate in Commonwealth v. Buehl, 540 Pa. 493, 658 A.2d 771 (1995), I would have joined in Justice Cappy’s dissent. As such, I join in the reasoning offered by my colleague Justice Cappy in his concurring opinion wherein he disassociates from the following language in the Majority opinion: “so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place”. (See Majority opinion at p. 576). I do not believe that terminology *578properly sets forth the standard for PCRA relief pursuant to 42 Pa.C.S. § 9548(a)(2)®.