Commonwealth v. Jackson, J. (summary disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Petitioner : : : v. : : : JOHN JACKSON, : : Respondent : No. 303 EAL 2014 Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 1917 EDA 2012 filed March 25, 2014, vacating the Order of the Philadelphia County Court of Common Pleas at No. CP-51-CR-0203341-2004 filed May 25, 2012 ORDER PER CURIAM AND NOW, this 31st day of December, 2014, the Petition for Allowance of Appeal is hereby GRANTED. The order of the Superior Court remanding the case for an evidentiary hearing to assess whether counsel had a reasonable basis for not objecting to the detective’s testimony is VACATED, in light of respondent’s failure to aver facts in his PCRA petition establishing his right to relief. See 42 Pa.C.S. § 9543(a); Commonwealth v. Hanible, 30 A.3d 426, 438-43 (Pa. 2011); see also Commonwealth v. Spotz, 84 A.3d 294, 319 (Pa. 2014) (remand for reasonable-basis hearing unnecessary where it is apparent petitioner failed to establish prejudice (citations omitted)). Jurisdiction relinquished. Mr. Justice Saylor files a Dissenting Statement. Madame Justice Todd joins Dissenting Statement.

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