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COM. v. KEATON

Nos. 418 CAP, 419 CAP, 420 CAP.

45 A.3d 1050 (2012)

COMMONWEALTH of Pennsylvania, Appellee v. Alexander KEATON, Appellant. Commonwealth of Pennsylvania, Appellant v. Alexander Keaton, Appellee. Commonwealth of Pennsylvania, Appellee v. Alexander Keaton, Cross-Appellant.

Supreme Court of Pennsylvania.

Decided May 30, 2012.

Attorney(s) appearing for the Case

Stuart Brian Lev , Stephen L. Marley , III, James Joseph McHugh, Jr. , Philadelphia, for Alexander Keaton.

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

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

OPINION

Justice EAKIN.

Alexander Keaton appeals from the denial of guilt phase relief under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-9546; the Commonwealth cross-appeals from the grant of a new penalty phase based on trial counsel's ineffectiveness for failing to present mitigating mental health evidence.1 We affirm in part, reverse in part, and remand for further proceedings.

In December...

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