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COM. v. HACKETT

No. 675 CAP

99 A.3d 11 (2014)

COMMONWEALTH of Pennsylvania, Appellant v. Richard HACKETT, Appellee.

Supreme Court of Pennsylvania.

Decided August 18, 2014.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr., Esq. , Kristen Ann McDonald, Esq. , Philadelphia District Attorney's Office, Amy Zapp, Esq. , PA Office of Attorney General, for Commonwealth of Pennsylvania.

Norris E. Gelman, Esq. , Philadelphia, for Richard D. Hackett.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Justice STEVENS.

Following our remand in this capital case, the Commonwealth appeals the order of the Court of Common Pleas of Philadelphia County granting Appellee Richard Hackett's petition pursuant to the Post Conviction Relief Act (PCRA).1 Upon determining that Appellee has proven that he is "mentally retarded" as defined by this Court in Commonwealth v. Miller, 585 Pa. 144, 888 A.2d...

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