COMMONWEALTH OF PENNSYLVANIA v. DANIEL DOUGHERTY (2009)

ORDER

AND NOW, this 28th day April, 2011, after review, we find that the PCRA court's 10–page opinion provides an insufficient basis for our review, and further find that the PCRA court erred by denying a request for her recusal.   Accordingly, we remand this matter to the PCRA court for appointment of a new PCRA judge who shall prepare a fully developed opinion on all of the parties' claims, and may hold an evidentiary hearing or grant any other relief deemed necessary.

The Commonwealth's Application for Leave to File Post–Submission Communication, is granted.¹

Jurisdiction relinquished;  case remanded.

Mr. Chief Justice Castille, Mr. Justice Eakin, and Mesdames Justice Todd and Orie Melvin join the per curiam order.

Mr. Justice Baer files a concurring statement in which Mr. Justice McCaffery and Madame Justice Orie Melvin join.

Mr. Justice Saylor files a concurring and dissenting statement.

FOOTNOTES

FN1. Appellant has filed a letter indicating he does not oppose the Commonwealth's Motion..  FN1. Appellant has filed a letter indicating he does not oppose the Commonwealth's Motion.

PER CURIAM