COM. v. MOORE


860 A.2d 88 (2004)

COMMONWEALTH of Pennsylvania, Appellant v. Tyrone MOORE, Appellee. Commonwealth of Pennsylvania, Appellee v. Tyrone Moore, Appellant.

Supreme Court of Pennsylvania.

Decided October 21, 2004.

Petition for Reargument Denied January 18, 2005.


Attorney(s) appearing for the Case

David W. Lupas, Wilkes Barre, Scott Charles Gartley, Kingston, Frank P. Barletta, Hazleton, Amy Zapp, Harrisburg, James L. McMonagle, Wilkes Barre, for Com. of PA.

Billy Horatio Nolas, Philadelphia, Enid Wolfe Harris, Wilkes Barre, for Tyrone Moore

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


OPINION

Justice EAKIN.

The Commonwealth appeals from the order vacating Tyrone Moore's death sentence and granting him a new penalty hearing under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. Moore cross-appeals from the denial of his remaining claims for relief under the PCRA.

In 1983, a jury found Moore guilty of first degree murder, conspiracy, robbery, theft by unlawful taking, and recklessly endangering another...

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