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COM. v. ELLIOTT

Nos. 612 & 624 CAP

80 A.3d 415 (2013)

COMMONWEALTH of Pennsylvania, Appellant/Cross-Appellee v. Joseph ELLIOTT, Appellee/Cross-Appellant.

Supreme Court of Pennsylvania.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Amy Zapp, Esq. , PA Office of Attorney General, Harrisburg, Hugh J. Burns Jr., Esq. , Philadelphia, for Commonwealth of Pennsylvania in Nos. 612 CAP and 624 CAP.

Stuart Brian Lev, Esq. , Defender Association of Philadelphia, for Joseph A. Elliot in Nos. 612 CAP and 624 CAP.

Aren Kevork Adjoian, Esq. , Federal Community Defender Office for the Eastern District of Pennsylvania, Cristi A. Charpentier, Esq. , for Joseph A. Elliot in No. 624 CAP.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Justice BAER.

In 1994, Joseph Elliott was convicted of the first degree murder of Kimberly Griffith, and sentenced to death. Following the denial of relief on direct appeal, Elliott filed a petition for collateral relief pursuant to the Post-Conviction Relief Act, 42 Pa.C.S. §§ 9541-9546. Without holding an evidentiary hearing, the Court of Common Pleas of Philadelphia County ("the PCRA court") granted Elliott a new trial on the...

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