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COM. v. TURNER

No. 52 EAP 2011

80 A.3d 754 (2013)

COMMONWEALTH of Pennsylvania, Appellant v. Emma TURNER, Appellee.

Supreme Court of Pennsylvania.

Decided November 22, 2013.

Attorney(s) appearing for the Case

Hugh J. Burns Jr., Esq. , Philadelphia, Rufus Seth Williams, Esq. , Office of the District Attorney of Philadelphia, for Commonwealth of Pennsylvania.

Elayne Bryn, Esq. , Philadelphia, for Emma Turner.

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

OPINION

Justice BAER.

The Commonwealth has filed a direct appeal from an order of the court of common pleas of the first judicial district declaring that Section 9543(a)(1)(i) of the Post-Conviction Relief Act (PCRA), 42 Pa. C.S. § 9543(a)(1)(i),1 which conditions the availability of post-conviction relief on whether the petitioner is currently serving a sentence of imprisonment, probation, or parole, is unconstitutional...

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