Commonwealth v. Little, P.
CourtSupreme Court of Pennsylvania
Date FiledNovember 3, 2026
Docket71 MAL 2025
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 71 MAL 2025
:
Respondent :
: Petition for Allowance of Appeal
: from the Unpublished
v. : Memorandum and Order of the
: Superior Court at No. 2634 EDA
: 2023 entered on January 8, 2025,
PAUL LITTLE, : affirming the PCRA Order of the
: Lehigh County Court of Common
Petitioner : Pleas at No. CP-39-CR-0000735-
: 2018 entered on September 11,
: 2023
ORDER
PER CURIAM DECIDED: November 3, 2026
AND NOW, this 3rd day of November, 2026, the Petition for Allowance of Appeal
is GRANTED, LIMITED TO the following issue:
Should this Court grant allocatur and remand for a new trial or remand
to relitigate claims waived by initial PCRA counsel in the Superior
Court during litigation of [Petitioner’s] PCRA appeal to ensure the
“rule-based” right to effective assistance of PCRA counsel?
The Order of the Superior Court is VACATED, and the matter is REMANDED to
the Court of Common Pleas of Lehigh County for consideration of the identified issue in
light of Commonwealth v. Bradley, 261 A.3d 381, 401 (Pa. 2021) (holding that “a PCRA
petitioner may, after a PCRA court denies relief, and after obtaining new counsel or acting
pro se, raise claims of PCRA counsel’s ineffectiveness at the first opportunity to do so,
even if on appeal”); id. at 402 (holding that, “where there are material facts at issue
concerning claims challenging counsel’s stewardship and relief is not plainly unavailable
as a matter of law, the remand should be afforded”).
Allocatur is DENIED as to all remaining issues.
Jurisdiction is RELINQUISHED.
[71 MAL 2025] - 2