Commonwealth v. Hawkins

In Commonwealth v. Hawkins, the defendant filed a PCRA petition, alleging that his trial counsel was ineffective for failing to file a suppression motion. After an evidentiary hearing, the PCRA court dismissed the petition. The Superior Court first noted that because he had the burden of persuasion and production during the evidentiary hearing, the defendant was required to prove that, if trial counsel had filed a motion to suppress, the Commonwealth would have been unable to prove that the defendant’s girlfriend validly consented to the entry and search. However, because the defendant did not call his girlfriend as a witness at the evidentiary hearing, the Court was unable to conclude that he met his burden of establishing that the consent to search was not voluntary.

Hawkins