[J-81-2014][M.O. – Todd, J.]

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 493 CAP : Appellee : Appeal from the Order entered on : 10/18/05 in the Court of Common Pleas of : Philadelphia County, Criminal Division, v. : denying PCRA relief at No. 9611-0316 1/2 : : RASHEED SIMPSON, : : SUBMITTED FOLLOWING REMAND: Appellant : August 13, 2014

DISSENTING OPINION

MR. CHIEF JUSTICE SAYLOR DECIDED: March 25, 2015

Although I agree with the majority’s determinations regarding the two remand issues, I am unable to join in the affirmance of the order concluding the post-conviction proceedings, for the reasons set forth in my previous dissent. See Commonwealth v. Simpson, 620 Pa. 60, 112-15, 66 A.3d 253, 284-85 (2013) (Saylor, J., dissenting) (explaining that Appellant did not receive the process he was due under the governing scheme for post-conviction review).