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COM. v. VanDIVNER

No. 528 CAP.

983 A.2d 1199 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. James W. VanDIVNER, Appellant.

Supreme Court of Pennsylvania.

July 22, 2009.

Attorney(s) appearing for the Case

Dianne H. Zerega, Esq., Zerega Law Offices, Uniontown, for James W. VanDivner, Appellant.

Susan Elizabeth Ritz, Esq., Fayette County Public Defender's Office, Uniontown, for James W. VanDivner, Appellant.

Amy Zapp, Esq., Office of the Attorney General, for Commonwealth of Pennsylvania, Appellee.

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

OPINION ON REARGUMENT

Chief Justice CASTILLE.

On January 23, 2009, this Court affirmed appellant James W. VanDivner's conviction and judgment of sentence in this direct capital appeal. Commonwealth v. VanDivner, 599 Pa. 617, 962 A.2d 1170 (2009). Mr. Justice Baer filed a Concurring and Dissenting Opinion, which was joined by Mr. Justice McCaffery. Appellant filed an Application for Reargument ("Application...

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