Commonwealth v. Johnson, M, Aplt.

Summary

The court affirmed denial of Johnson's first PCRA petition, concluding that the alleged disclosure violations, failure to correct testimony, and asserted deficiencies in trial counsel's investigation, impeachment, and handling of DNA evidence did not establish materiality or prejudice. The court determined that the circumstantial evidence of guilt was sufficiently strong that the challenged evidence would not likely have changed the verdict. Justice Donohue, dissenting, and Justice McCaffery, concurring in part and dissenting in part, would have vacated the death sentence and remanded for a new penalty phase based on inadequate impeachment of the jailhouse informant.