COM. v. AHLBORN


453 Pa.Super. 124 (1996)

683 A.2d 632

COMMONWEALTH of Pennsylvania v. Clarence A. AHLBORN, Jr., Appellant. COMMONWEALTH of Pennsylvania v. Clement McGUIRE, Appellant.

Superior Court of Pennsylvania.

Filed July 31, 1996.


Attorney(s) appearing for the Case

John D. Ceraso, New Kensington, for Clarence A. Ahlborn, Jr.

Christian Scherer, Assistant District Attorney, Greensburg, and Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before McEWEN, President Judge, CAVANAUGH, J., CIRILLO, P.J.E., DEL SOLE, BECK, TAMILIA, POPOVICH, JOHNSON and HUDOCK, JJ.


TAMILIA, Judge.

The issue presented by these consolidated appeals is one of first impression in this Commonwealth, namely, whether relief is available under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541 et seq., where a petitioner files a PCRA petition while still in custody but is fully discharged prior to final adjudication of the petition. We have certified this important issue for en banc consideration.

Clement McGuire, the...

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