Commonwealth v. Cain, G., Jr.

• Court: Supreme Court of Pennsylvania
• Decided: July 23, 2024
• Docket: 646 MAL 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 646 MAL 2023 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : GARY L. CAIN, JR., : : Petitioner :

ORDER

PER CURIAM

AND NOW, this 23rd day of July, 2024, the Petition for Allowance of Appeal is

DENIED. The “Application for Leave to Amend for Relief Pursuant to Pa.R.A.P. 123

Seeking the Immeadiate [sic] Removal of Ineffective PCRA Counsel Pursuant to

Commonwealth v. Bradley, 237 A.3d 1068 Pa. Super 2020 [sic] at the First Opportunity,

and Remand to Relitigate Claims Waived by PCRA Counsel in the Superior Court during

Litigation of Appellants [sic] PCRA Appeal to Ensure Appellant’s ‘Rule-Based’ Right to

Effective PCRA Counsel”, treated as an application to amend, is GRANTED. The

“Application for Relief Seeking the Immediate Removal of Ineffective PCRA counsel

pursuant to Commonwealth v. Bradley, 261 A.3d 381 (Pa. 2021),” “Application for Relief

Seeking Leave to Supplement the Immediate Removal of Ineffective PCRA Counsel

Pursuant to Commonwealth v. Bradley, 261 A.3d 381 (Pa. 20[21]),” and “Amended

Application for Relief Pursuant to Pa.R.A.P. 123 Seeking the Immediate Removal of

Ineffective PCRA Counsel Pursuant to Commonwealth v. Bradley, 237 A.3d 1068 Pa. Super 2020 [sic] at the First Opportunity, and Remand to Relitigate Claims Waived by

PCRA Counsel in the Superior Court during Litigation of Appellant’s PCRA Appeal to

Ensure Appellant’s ‘Rule-Based’ Right to Effective PCRA Counsel” are all DENIED.

[646 MAL 2023] - 2