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Commonwealth v. Parker

Pennsylvania Superior Court

April 8, 2021

In Commonwealth v. Parker, the Commonwealth appealed the order granting Parker’s PCRA petition. In its opinion, the lower court acknowledged that it erred when it granted the petition based on the retroactive application of Birchfield on collateral review. Thus, the lower court requested a remand. On appeal, Parker conceded the point and requested a remand. The Pennsylvania Superior Court agreed, vacated the order, and remanded. The Commonwealth argued that a remand was not necessary, that the Court should simply reverse the lower court’s order. The Superior Court disagreed and ruled that, because this was the Commonwealth’s appeal, to summarily dismiss the case would constitute the end of Parker’s PCRA proceeding. Thus, he would not have an opportunity for meaningful review of any other issues raised in his PCRA petition.

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