Commonwealth v. Williams, 188 A.3d 382 (2018)

June 12, 2018 · Supreme Court of Pennsylvania · No. 59 EM 2018

188 A.3d 382

COMMONWEALTH of Pennsylvania, Respondent
v.
Robert WILLIAMS, Petitioner

No. 59 EM 2018

Supreme Court of Pennsylvania.

June 12, 2018

ORDER

PER CURIAM.

AND NOW, this 12th day of June, 2018, the Court being equally divided, the Emergency Application for King's Bench Jurisdiction is DENIED by operation of law.

Chief Justice Saylor and Justice Mundy would deny relief.

Justice Wecht would deny relief without prejudice to Petitioner's right to raise the matter anew following his June 18, 2018 evidentiary hearing.

Justice Baer files a dissenting statement which Justices Todd and Donohue join.

Justice Dougherty did not participate in the consideration or decision of this matter.

JUSTICE BAER, Dissenting.

I dissent from the Court's order denying Robert Williams' Emergency Application for King's Bench Jurisdiction and would grant the requested relief of reassignment to President Judge Shelia Woods-Skipper. I believe Judge Genece Brinkley should have disqualified herself pursuant to Pa. R.Crim.P. 903(C) (providing PCRA trial judge should disqualify themselves in the interests of justice) as her continued involvement has created an appearance of impropriety that tends to undermine public confidence in the judiciary. See Commonwealth v. White, 589 Pa. 642, 910 A.2d 648, 657 (2006) (explaining that, even in those instances where a jurist can impartially consider a case, the judge must also consider whether his or her continued involvement "creates an appearance of impropriety and/or would tend to undermine public confidence in the judiciary").

Justice Todd joins this dissenting statement.

Justice Todd joins this dissenting statement.