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COM. v. SAM

No. 49 EAP 2005.

952 A.2d 565 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. Thavirak SAM, Appellee.

Supreme Court of Pennsylvania.

Decided July 22, 2008.

Resubmitted January 11, 2008.

Reargued April 15, 2008.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr., Philadelphia Dist. Attorney's Office, Jeffrey Krulik, for the Com. of PA, appellant.

Jules Epstein, Kairys, Rudovsky, Messing & Feinberg, Philadelphia, for Thavirak Sam, appellee.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Chief Justice CASTILLE.

Today we decide two appeals that present the identical issue of whether an inmate who is presently incompetent may be compelled to take psychiatric medication in order to render him competent to determine whether to pursue relief under the Post Conviction Relief Act (PCRA).1 In this matter, as in the companion case of Commonwealth v. Watson,...

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