Opinion

Commonwealth v. Banks

  • 540 Pa. 143
  • 656 A.2d 467
  • 1995 Pa. LEXIS 197
Court
Supreme Court of Pennsylvania
Filed
Mar 27, 1995
Status
Published
Author
Nix
On the bench
Nix, C.J., and Flaherty, Zappala, Cappy, Castille and Montemuro
Cited by
61 cases

stating that, “[t]o be eligible for PCRA relief, [an a]pellant must establish, by a preponderance of the evidence, that his conviction or sentence resulted from one or more of the enumerated errors or defects found in section 9543(a)(2)[,] and that his issues have not been previously litigated”

How later courts described this case

  • stating that, “[t]o be eligible for PCRA relief, [an a]pellant must establish, by a preponderance of the evidence, that his conviction or sentence resulted from one or more of the enumerated errors or defects found in section 9543(a)(2)[,] and that his issues have not been previously litigated”
  • stating in a PCRA appeal that although one of the appellant’s issues had "been finally litigated and Appellant [was] not entitled to PCRA relief thereon,” the court would, "given the serious nature of the matters before [it], [] proceed lo address Appellant’s claim.”
  • stating that an issue is previously litigated if “the highest appellate court in which the petitioner could have had review as a matter of right has ruled on the merits of the issue”
  • noting that where there are no disputed factual issues, a PCRA hearing is not necessary

Written by the judges who cited it.

The opinion

NIX, Chief Justice,

concurring.

On direct appeal, I dissented on the basis that the trial judge failed to ensure that Banks made a knowing and intelligent waiver of his right to counsel by permitting him to introduce prejudicially inflammatory pictures. I continue to adhere to this view; however, I am constrained to recognize that this issue has been finally litigated and is not subject to collateral attack in its present posture. See 42 Pa.C.S. § 9544(a)(2).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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