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COM. v. PHILISTIN

No. 536 CAP.

53 A.3d 1 (2012)

COMMONWEALTH of Pennsylvania, Appellee v. Bortela PHILISTIN, Appellant.

Supreme Court of Pennsylvania.

Decided July 18, 2012.

Attorney(s) appearing for the Case

R. Nicholas Gimbel , McCarter & English, L.L.P., Robert Jeremy Levant , Levant, Martin & Tauber, P.C., James Joseph McHugh, Jr. , Defender Association of Philadelphia, Mark D. Villanueva , McCarter & English, L.L.P., Philadelphia, for Bortela Philistin.

Hugh J. Burns , Philadelphia District Attorney's Office, Philadelphia, Amy Zapp , PA Office of Attorney General, Harrisburg, for Commonwealth of Pennsylvania.

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

OPINION

Justice EAKIN.

Bortela Philistin appeals from the order denying collateral relief from his criminal convictions and death sentence, pursuant to the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-46. We affirm.

On June 16, 1993, appellant was transporting cocaine while riding in a hack cab, when Philadelphia Police Officers Robert Hayes and John Marynowitz stopped the cab. A scuffle ensued; appellant seized Officer...

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