Opinion

Commonwealth v. Bracey

  • 604 Pa. 459
  • 986 A.2d 128
  • 2009 Pa. LEXIS 2795
Court
Supreme Court of Pennsylvania
Filed
Dec 29, 2009
Status
Published
Author
Saylor
On the bench
Castille, Saylor, Eakin, Baer, Todd, McCaffery, Greenspan
Cited by
20 cases
Authority
More cited than 8.5%

recognizing that “a more sophisticated analysis” may be required on state collateral review in some circumstances

How later courts described this case

  • recognizing that “a more sophisticated analysis” may be required on state collateral review in some circumstances
  • finding that there was no right to a jury trial on an Atkins claim under Ring
  • states that have recognized right to jury determination of mental retardation generally have done so by statute; Danforth-based claim that state court might provide more protection than federal courts waived
  • observing that procedural rules “cannot trump a Sixth Amendment right to a jury”

Written by the judges who cited it.

The opinion

Justice SAYLOR,

concurring.

I join the well-reasoned majority opinion in the landscape of Pennsylvania law as it now exists. I merely note that, left to my own devices, I would treat the present category of claims of death ineligibility under traditional principles of state habeas corpus law, for the reasons stated in my dissent in Com *491 monwealth v. Steele, 599 Pa. 341, 434-35 , 961 A.2d 786, 842 (2008) (Saylor, J., dissenting).

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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