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COM. v. HEILMAN

867 A.2d 542 (2005)

COMMONWEALTH of Pennsylvania, Appellee, v. Michael S. HEILMAN, Appellant.

Superior Court of Pennsylvania.

Filed January 18, 2005.

Attorney(s) appearing for the Case

Scott Coffey, Pittsburgh, for appellant.

Michael W. Streily, Deputy Dist. Atty., Pittsburgh, for Com., appellee.

BEFORE: LALLY-GREEN, KLEIN, and JOHNSON, JJ.

OPINION BY JOHNSON, J.:

¶ 1 This case returns to our Court for the third time in the past fourteen years. We are called upon to consider the propriety of the trial court's dismissal without a hearing of Heilman's second petition under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-46. With that petition, Heilman seeks testing under PCRA's § 9543.1, the recently enacted section that permits an inmate to seek DNA testing of evidence used...

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