Com. v. Russell, M.
Opinion
J-S44031-25 J-S44032-25 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MICHAEL RUSSELL : : Appellant : No. 2707 EDA 2024 Appeal from the PCRA Order Entered August 27, 2024 In the Court of Common Pleas of Northampton County Criminal Division at No(s): CP-48-CR-000783-2020 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MICHAEL RUSSELL : : Appellant : No. 1241 EDA 2025 Appeal from the PCRA Order Entered April 15, 2025 In the Court of Common Pleas of Northampton County Criminal Division at No(s): CP-48-CR-0002849-2019
BEFORE: LAZARUS, P.J., DUBOW, J., and SULLIVAN, J.
JUDGMENT ORDER BY SULLIVAN, J.: FILED FEBRUARY 6, 2026 Michael Russell (“Russell”) appeals, pro se, from the orders denying relief on his petition under the Post Conviction Relief Act (“PCRA”), 1 in these
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1 See 42 Pa.C.S.A. §§ 9541-9546.
J-S44031-25 J-S44032-25 related cases.2 On appeal, Russell raises six claims of ineffective assistance of PCRA counsel. The Commonwealth has filed a brief in both cases in which its asserts Russell’s claims may raise “issues of material fact” and thus merit remand for an evidentiary hearing pursuant to Commonwealth v. Bradley, 261 A.3d 381, 401 (Pa. 2021). Under Bradley, we are required to remand where there are material facts concerning alleged ineffectiveness and relief is not plainly unavailable as a matter of law. See id. at 402. Accordingly, we dismiss these appeals and remand for an evidentiary hearing on Russell’s Bradley ineffectiveness claims.
Appeal dismissed. Cases remanded. Jurisdiction relinquished.
Date: 2/6/2026
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2 Russell previously petitioned to consolidate the cases.By Order dated March 17, 2025, we denied the petition without prejudice. Because Russell’s convictions and claims arise from a related set of facts concerning strangulation and assault of a victim and, inter alia, attempts to intimidate that victim, Russell’s appellate briefs are identical, and his ineffectiveness claims are interrelated, we consolidate these cases for appeal sua sponte.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.