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COM. v. DeJESUS

No. 546 CAP, 547 CAP.

58 A.3d 62 (2012)

COMMONWEALTH of Pennsylvania, Appellant v. Jose DeJESUS, Appellee. Commonwealth of Pennsylvania, Appellee v. Jose DeJesus, Appellant.

Supreme Court of Pennsylvania.

Decided December 14, 2012.

Attorney(s) appearing for the Case

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

Elizabeth Ann Larin , Billy Horatio Nolas , Federal Community Defender Office, Eastern District of PA, James H. Moreno , Defender Association of Philadelphia, Philadelphia, for Jose DeJesus.

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

OPINION

Chief Justice CASTILLE.

These are cross-appeals in a capital matter from the Order of the Court of Common Pleas of Philadelphia County granting partial relief under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541-9546.1 The Commonwealth appeals the PCRA court's order insofar as it grants relief on Jose DeJesus's claim that he is ineligible for the death penalty under Atkins v. Virginia...

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