COM. v. BANKS

No. 2 EAP 2006, No. 461 CAP, No. 5 EAP 2006, No. 505 CAP

943 A.2d 230 (2007)

COMMONWEALTH of Pennsylvania, Appellant v. George E. BANKS, Appellee In re George E. Banks, Appeal of Mary Yelland, as Next Friend. Commonwealth of Pennsylvania, Appellant v. George E. Banks, Appellee (Two Cases).

Supreme Court of Pennsylvania.

Decided December 28, 2007.


Attorney(s) appearing for the Case

Scott Charles Gartley, David W. Lupas, Luzerne County Dist. Attorney's Office, Wilkes-Barre, PA, Jennifer Ann Buck, Amy Zapp, Jonelle Harter Eshbach, Office of Atty. Gen., Harrisburg, PA, for the Com. of PA.

Billy Horatio Nolas, Matthew C. Lawry, Defender Ass'n of Philadelphia, Albert Joseph Flora, Luzerne County Public Defender's Office, Wilkes-Barre, for George E. Banks.

Stuart Brian Lev, Billy Horatio Nolas, Matthew C. Lawry, Maureen Kearney Rowley, Defender Ass'n of Philadelphia, William Ruzzo, Albert Joseph Flora, Jr., Luzerne County Public Defender's Office, Wilkes-Barre, for Mary Yelland.


OPINION

PER CURIAM.

Before us is a challenge by the Commonwealth to the findings and conclusions of law of the Court of Common Pleas of Luzerne County ("trial court"), which this Court, after assuming plenary jurisdiction over this matter, directed to determine whether appellee1 George E. Banks is competent to be executed. For the reasons that follow, the trial court is directed to conduct a new and expeditious competency...

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