| COMMONWEALTH OF PENNSYLVANIA v. JAMEEN WARREN No. 1981 EDA 2008 2009 PA Super 158 Atlantic: 979 A.2d 920 Filed: 8/10/2009 | |
| Appeal from the PCRA Order entered June 4, 2008 In the Court of Common Pleas of Delaware County Criminal No.: CP-23-CR-0005176-2003 | |
| Before: BENDER, ALLEN, and FITZGERALD, JJ. | |
| Opinion by: FITZGERALD, J. | |
| Appellant, Jameen Warren, appeals from the order entered in the Delaware 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 counsel have also filed separate petitions to remand for appointment of new counsel. We hold that PCRA counsel may not justify his failure to argue certain issues by claiming those issues are without merit, and then argue broadly that an evidentiary hearing was warranted without specifying what issues merited a hearing. Accordingly, we vacate the order, dismiss Appellant’s pro se petition, and grant counsel’s petition to remand for the appointment of new counsel. | |
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