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COM. v. BANKS

No. 578 CAP.

29 A.3d 1129 (2011)

COMMONWEALTH of Pennsylvania, Appellant v. George BANKS, Appellee.

Supreme Court of Pennsylvania.

Decided September 28, 2011.

Attorney(s) appearing for the Case

Jennifer Anne Peterson , William Ross Stoycos , PA Office of Attorney General, Amy Zapp, Harrisburg, for Commonwealth of Pennsylvania.

Albert Joseph Flora Jr. , Wilkes-Barre, Matthew C. Lawry , Stuart Brian Lev , Hellen A. Marino , Defender Association of Philadelphia, Billy Horatio Nolas, Philadelphia, William Ruzzo , Kingston, for George E. Banks.

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

OPINION

Chief Justice CASTILLE.

The central issue in this case is whether George Banks is competent to be executed.2 We hold that he currently is not.

Banks used a semi-automatic rifle to murder thirteen people, and seriously wound a fourteenth, in an early morning shooting spree on September 25, 1982 in and near Wilkes-Barre, Luzerne County, Pennsylvania. Five of the victims were children who shared the unlucky...

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