COM. v. HUGHES


865 A.2d 761 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. Kevin HUGHES, Appellant.

Supreme Court of Pennsylvania.

Decided December 21, 2004.

Reargument Denied February 18, 2005.


Attorney(s) appearing for the Case

Billy Horatio Nolas, Esq. Philadelphia, for Kevin Hughes.

Hugh J. Burns, Esq., Amy Zapp, Esq., Philadelphia, for Commonwealth of Pennsylvania.

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


OPINION

Justice SAYLOR.

This is an appeal in a capital case from an order dismissing Appellant's petition for post-conviction relief.

On March 1, 1979, at approximately 8:15 a.m., the victim, nine-year-old Rochelle Graham, was dropped off near her school. As the victim was walking through the school playground, she encountered Appellant, who was 16 years, 11 months, and 24 days old, and whom she knew through an aunt. Appellant took the victim...

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