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COMMONWEALTH v. VANDIVNER

No. 696 CAP.

178 A.3d 108 (2018)

COMMONWEALTH of Pennsylvania, Appellee, v. James W. VANDIVNER, Appellant.

Supreme Court of Pennsylvania.

Decided February 5, 2018.

Attorney(s) appearing for the Case

Suzanne M. Swan, Esq. , for VanDivner, James W., Appellant.

Katharine R. Boyce, Esq. , for National Organization on Fetal Alcohol Syndrome, Appellant Amicus Curiae.

Jack Raydan Heneks, Esq. , Fayette County District Attorney's Office, Amy Zapp, Esq. , PA Office of Attorney General, Richard E. Bower, Esq. , Anthony S. Iannamorelli Jr., Esq. , William Mark Martin, Esq. , for Commonwealth of Pennsylvania, Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

This capital case, wherein Appellant James VanDivner appeals the Fayette County Court of Common Pleas' denial of his petition for relief under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541-9546, is before this Court following two remands to the PCRA court for supplemental...

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