The Pennsylvania Supreme Court on Tuesday split 3-3 on whether Philadelphia Common Pleas Court Judge Genece Brinkley should remain on Philadelphia rapper Meek Mill’s gun-and-drug case, leaving Brinkley to preside over his post-conviction appeal. She is scheduled to hear an evidentiary hearing in the case Monday.
In their order, the justices wrote that with “the court being equally divided,” Mill’s attorneys’ emergency petition to remove Brinkley was denied.
In a telephone interview after the ruling, Mill, 31, said his decade-old case is highly unusual because prosecutors and his attorneys agree that he should get a new trial.
In 2,000 cases involving Philadelphia police scandals in recent years, when both the defense and prosecution agreed to a new trial or to seek the dismissal of charges, judges have expeditiously granted the requests.
“I just want to be treated the same,” Mill said. “I still don’t feel free.”
But Brinkley has required that despite the agreement by the two sides, the evidentiary hearing must take place Monday.