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COM. v. BRACEY

No. 565 CAP.

986 A.2d 128 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Edward BRACEY, Appellant.

Supreme Court of Pennsylvania.

Decided December 29, 2009.

Attorney(s) appearing for the Case

Billy Horatio Nolas, James H. Moreno, Defender Association of Philadelphia, for Edward Bracey.

Hugh J. Burns, Philadelphia, Amy Zapp, Harrisburg, for Commonwealth of Pennsylvania.

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

OPINION

Chief Justice CASTILLE.

In this appeal, this Court is asked to consider the constitutional necessity for a jury trial for purposes of an Atkins1 claim that is raised during collateral proceedings under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. § 9541-9546. In Atkins, broadly speaking, the U.S. Supreme Court held that the execution of mentally retarded persons convicted of capital crimes...

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