Pennsylvania v. Busanet (majority)
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Following several evidentiary hearings in this post-conviction capital case, the Court of Common Pleas of Berks County (PCRA court) dismissed the petition filed by Appellant Jose Busanet pursuant to the Post Conviction Relief Act. Appellant filed his PCRA petition on September 24, 2004, and amended it on December 14, 2004. Upon Appellant’s motion, the PCRA court judge, who had presided over Appellant’s trial, recused himself from the PCRA proceeding based on general comments the judge had made in an unrelated case, which referenced his frustration with cases involving drug dealing and gun violence in the City of Reading. A new PCRA court judge was assigned to the case. During the next few years, several different counsel withdrew their appearance due to conflicts of interest. Appellant filed amendments to his PCRA petition on September 14, 2007, and January 7, 2009. On February 7, 2011, the PCRA court entered an Order and Opinion, examining thoroughly each of Appellant’s several claims, and denying PCRA relief. In his direct appeal from the denial of PCRA relief, Appellant raised thirteen issues. Upon careful consideration of each of Appellant's issues raised on appeal, the Supreme Court found no error, and affirmed the PCRA Court's dismissal the PCRA petition.
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