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COM. v. MARSHALL

No. 533 CAP.

947 A.2d 714 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. Jerome MARSHALL, Appellant.

Supreme Court of Pennsylvania.

Decided May 20, 2008.

Attorney(s) appearing for the Case

Matthew C. Lawry, Esq., Defender Association of Philadelphia, Philadelphia, for Jerome Marshall.

Hugh J. Burns, Esq., Philadelphia District Attorney's Office, Amy Zapp, Esq., PA Office of Attorney General, for Commonwealth of Pennsylvania.

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

OPINION

McCAFFERY, Justice.

In this capital case, Jerome Marshall (Appellant) appeals from the order of the Court of Common Pleas of Philadelphia County dismissing without a hearing his second petition filed pursuant to the Post Conviction Relief Act (PCRA).1 Appellant contends that newly discovered evidence supports his claim of racial discrimination in the seating of a jury during his trial and penalty hearing, in violation...

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