when a pcra is granted are you allowed to be granted a suppression hearing? if so, if you used case law against the commonwealth do they have to abide by that case law if it affects the case?
Criminal Defense Attorney
If a PCRA is granted, the case usually starts over and the defendant can file a suppression motion. The defendant needs to be represented by an experienced attorney and if they cannot afford one they should apply for a public defender. The attorney will be in the best position to answer all questions.
Check out this blog on PCRA: http://www.mcdonalddefense.com/2011/12/16/pennsylvanias-post-conviction-relief-act-pcra/.
PCRAs are complicated matters. It often depends upon the relief sought. An example is that sometimes a PCRA claims that you attorney failed to properly preserve your appellate rights. When that is granted, the only relief you get is that you can reinstate your appeal rights. I would need to see the procedural posture to determine what can and can't be done.
Michael L. Doyle
This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.