Superior Court 4/3/08 - COMMONWEALTH OF PENNSYLVANIA v. JULES JETTE

COMMONWEALTH OF PENNSYLVANIA v. JULES JETTE
No. 2834 EDA 2006 2008 PA Super 59 Atlantic: n/a Filed: 4/3/2008
Appeal from the PCRA order dated September 28, 2006In the Court of Common Pleas of Philadelphia CountyCriminal No. 0101-1188 1/1
Before: HUDOCK, J., MCEWEN, P.J.E., and FITZGERALD, J.
Opinion by: FITZGERALD, J.
Appellant, Jules Jette, appeals from the order entered in the Philadelphia County Court of Common Pleas, dismissing his first petition filed pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-46. Appellant and his counsel have also filed petitions to remand for appointment of new counsel. We hold that PCRA counsel may not justify his failure to argue an issue by claiming that the petitioner failed to develop it properly in his pro se PCRA petition. We further hold that, in providing legal analysis to this Court in a petition for remand, counsel is bound by the same requirements to provide supporting citations as he would be in his appellate brief. Accordingly, we remand for counsel to provide a more complete analysis to this Court for review.