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COM. v. MILLER

888 A.2d 624 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. Joseph Daniel MILLER, Appellee.

Supreme Court of Pennsylvania.

Decided December 27, 2005.

Attorney(s) appearing for the Case

James Patrick Barker, Williamsport, Amy Zapp, Harrisburg, for Com.

Robert Brett Dunham, Philadelphia, PA, for Joseph Daniel Miller.

Mark J. Murphy, for PA Protection & Advocacy.

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

OPINION

Chief Justice CAPPY.

In this case, we are asked to consider the impact of the recent United States Supreme Court case of Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), on our collateral capital jurisprudence. Appellee, Joseph Daniel Miller, filed a petition under the Post Conviction Relief Act (hereinafter "PCRA"), 42 Pa.C.S. §§ 9541-9546, seeking relief under Atkins...

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