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COM. v. FAHY

No. 549 CAP

959 A.2d 312 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. Henry FAHY, Appellant.

Supreme Court of Pennsylvania.

Decided November 21, 2008.

Attorney(s) appearing for the Case

Matthew C. Lawry, Defender Ass'n of Philadelphia, for Henry Fahy, appellant.

Amy Zapp, Harrisburg, Hugh J. Burns, Jr., Philadelphia Dist. Attorney's Office, for the Com. of PA.

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

OPINION

Justice GREENSPAN.

In this capital case, we decide whether the Court of Common Pleas of Philadelphia County erred when it limited the scope of its hearing on the fifth petition filed by Appellant Henry Fahy under the Post Conviction Relief Act (PCRA), 42 Pa. C.S. §§ 9541-46. We affirm.1

In 1983, Appellant was convicted of murder in the first degree, rape, burglary, and possession of an instrument...

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