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COM. v. PEOPLES

No. 482 CAP, No. 483 CAP.

961 A.2d 109 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. Al PEOPLES, a/k/a Kevin Matthews, Appellee. Commonwealth of Pennsylvania, Appellee v. Al Peoples, a/k/a Kevin Matthews, Appellant.

Supreme Court of Pennsylvania.

Decided December 18, 2008.

Attorney(s) appearing for the Case

Amy Zapp, Esq., Hugh J. Burns, Jr., Esq., Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania (No. 482 CAP).

James H. Moreno, Esq., Defender Association of Philadelphia, James Joseph McHugh, Jr., Esq., Philadelphia, for Al Peoples (No. 482 CAP).

James H. Moreno, Esq., James Joseph McHugh, Jr., Esq., Philadelphia, for Al Peoples (No. 483 CAP).

Amy Zapp, Esq., Hugh J. Burns, Jr., Esq., Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania (No. 483 CAP).

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

ORDER

PER CURIAM.

The order of PCRA court is VACATED and the matter is remanded to the PCRA court for further proceedings consistent with this Order. In light of the presumption of effectiveness and the burden on a post-conviction petitioner to establish prejudice, in areas of material controversy supported factual findings are required to sustain an award of relief. See, e.g., Commonwealth v. Gibson, ___ Pa. ____, 951 A.2d...

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