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COM. v. CRUZ

852 A.2d 287 (2004)

COMMONWEALTH of Pennsylvania, Appellee v. Jose G. CRUZ, Appellant.

Supreme Court of Pennsylvania.

Decided June 22, 2004.

Attorney(s) appearing for the Case

Kristin Luene Rice, for, Jose G. Cruz, Appellant.

Michael Anthony George, Paul T. Dean, Warren Philip Bladen, for Com. of PA, Appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice CASTILLE.

In this appeal under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. § 9541 et seq., the issue is whether a petitioner's alleged mental incompetence during which the statutory period for filing a PCRA petition expired may trigger the "after-discovered evidence" exception to the PCRA time-bar. See 42 Pa.C.S. § 9545(b)(1)(ii). We hold that mental incompetence...

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