COM. v. DANIELS

No. 410 CAP, No. 411 CAP, No. 413 CAP, No. 414 CAP.

963 A.2d 409 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. Henry DANIELS, Appellee Commonwealth of Pennsylvania, Appellee v. Henry Daniels, Appellant. Commonwealth of Pennsylvania, Appellant v. Kevin Pelzer, Appellee. Commonwealth of Pennsylvania, Appellee v. Kevin Pelzer, Appellant.

Supreme Court of Pennsylvania.

Decided January 23, 2009.


Attorney(s) appearing for the Case

Amy Zapp, Esq., PA Office of Attorney General, Hugh J. Burns, Jr., Esq., Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania (no. 410 CAP).

Paul M. George, Esq., McKinney & George, Philadelphia, for Henry Daniels (no. 410 CAP).

Paul M. George, Esq., McKinney & George, Philadelphia, for Henry Daniels (no. 411 CAP).

Amy Zapp, Esq., PA Office of Attorney General, Hugh J. Burns, Jr., Esq., Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania (no. 411 CAP).

Amy Zapp, Esq., PA Office of Attorney General, Hugh J. Burns, Jr., Esq., Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania (no. 413 CAP).

Stuart Brian Lev, Esq., Philadelphia, for Kevin Pelzer (no. 413 CAP).

Stuart Brian Lev, Esq., Defender Association of Philadelphia, Michael Wiseman, Esq., Matthew C. Lawry, Esq., Philadelphia, for Kevin Pelzer (no. 414 CAP).

Amy Zapp, Esq., PA Office of Attorney General, Hugh J. Burns, Jr., Esq., Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania (no. 414 CAP).

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


OPINION

Chief Justice CASTILLE.*

The Commonwealth appeals from the order of the Philadelphia County Court of Common Pleas granting appellees Henry Daniels and Kevin Pelzer relief on their petitions under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541-9546. By order dated March 25, 2003, the PCRA court granted both appellees relief on two claims, ordered a new trial, and denied the remaining claims...

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