COM. v. TYSON


535 Pa. 391 (1993)

635 A.2d 623

COMMONWEALTH of Pennsylvania, Appellee, v. Thomasine TYSON, Appellant.

Supreme Court of Pennsylvania.

Decided December 15, 1993.


Attorney(s) appearing for the Case

Lester G. Nauhaus, Public Defender, Shelley Stark, Chief-Appellate Div., Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Kemal A. Mericli, Asst. Dist. Atty., Maria V. Copetas, Asst. Dist. Atty., Pittsburgh, for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.


OPINION OF THE COURT

CAPPY, Justice.

In this appeal we must determine whether appellant is entitled to a new trial or whether the issues raised in her Post-Conviction Relief Act petition (hereinafter PCRA) were finally litigated. For the following reasons, we conclude that under the unique circumstances presented here, appellant should be granted post-conviction relief. Accordingly, we reverse the order of the Superior Court. 406 Pa.Super. 667, 583...

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