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COM. v. SMITH

No. 436 CAP.

995 A.2d 1143 (2010)

COMMONWEALTH of Pennsylvania, Appellee v. Wayne SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided May 27, 2010.

Attorney(s) appearing for the Case

Stuart Brian Lev, Shawn Nolan, for Wayne Smith.

William R. Toal, III, Amy Zapp, for Commonwealth of Pennsylvania.

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

OPINION

Justice EAKIN.

Appellant appeals from the order denying him relief pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546. We affirm the denial of guilt phase relief, and reverse the denial of penalty phase relief, remanding for a new penalty hearing.

Appellant was charged with first degree murder and related offenses resulting from the strangling death of a...

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