Commonwealth v. Batista (Summary Disposition)
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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Respondent : : : v. : : : RAHADAMES BATISTA, : : Petitioner : No. 356 MAL 2003 Petition for Allowance of Appeal from the Order of the Superior Court entered on April 8, 2003 at No. 511 MDA 2002 affirming the Order of the Court of Common Pleas of Berks County entered on March 13, 2002 at No. 4059 of 1998 ORDER PER CURIAM DECIDED: November 19, 2003 AND NOW, this 19th day of November, 2003, the petition for allowance of appeal is granted limited to the issue of whether trial counsel was ineffective in allowing the jury to be selected in Petitioner s absence. The case is remanded to the PCRA court with direction to conduct an evidentiary hearing on the issue of whether trial counsel was ineffective in allowing the jury to be selected in Petitioner s absence. Jurisdiction is relinquished.
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