Commonwealth v. Gibson

940 A.2d 323, 596 Pa. 1, 2005 Pa. LEXIS 3302

• Court: Supreme Court of Pennsylvania
• Decided: December 2, 2005
• Docket: Appeal 331 CAP
• Status: Published

Opinions

ORDER

PER CURIAM.

AND NOW, this 2nd day of December, 2005, this matter is remanded for evidentiary development and findings and conclusions, limited to the claim of ineffectiveness assistance of counsel on direct appeal associated with Claim No. Ill raised in Appellant’s brief in this Court (styled as “The PCRA court erred in concluding that trial counsel’s failure to investigate and present evidence of Appellant’s severe intoxication at the time of the murders, history of drug and alcohol abuse, and of his dysfunctional family life did not constitute ineffective assistance where trial counsel[ ] candidly admitted that he undertook absolutely no investigation into potential penalty phase defenses”). In its opinion containing the factual findings and conclusions of law, the PCRA court is directed to address all aspects of the layered ineffectiveness claim, including the underlying claim of ineffective assistance of trial counsel.

Supplemental briefing in this Court is authorized, with Appellant’s brief (if any) being due within 30 days after due notice to counsel following the docketing of the PCRA court’s opinion, and any supplemental briefing by the Commonwealth’s being due within 15 days thereafter.

Jurisdiction is retained.

Chief Justice CAPPY and Justice BAER are with the PER CURIAM remand order. Justice NIGRO files a concurring and dissenting statement. Justice EAKIN files a dissenting statement in which Justice CASTILLE and Justice NEWMAN join.