COMMONWEALTH v. SMALL

No. 8 EAP 2019.

238 A.3d 1267 (2020)

COMMONWEALTH of Pennsylvania, Appellee v. Elwood SMALL, Appellant.

Supreme Court of Pennsylvania.

Decided: October 1, 2020.


Attorney(s) appearing for the Case

Thomas Francis Burke, Esq. , Ballard Spahr LLP, for Appellant Elwood Small.

Danielle Therese Bruno McDermott, Esq. , James Michael Evans, Esq. , Schnader Harrison Segal & Lewis LLP, Timothy Kimbrue Lewis, Esq. , Nilam Ajit Sanghvi, Esq. , Temple University, Beasley School of Law Office of Admissions, David A. Sonenshein, Esq. , for Appellant Amicus Curiae Pennsylvania Innocence Project.

Matthew Aaron Hamermesh, Esq. , Michele D. Hangley, Esq. , Hangley, Aronchick, Segal, Pudlin & Schiller, Bradley Adam Winnick, Esq., for Appellant Amicus Curiae Pennsylvania Association of Criminal Defense Lawyers.

Matthew Aaron Hamermesh, Esq. , Matthew Aaron Hamermesh, Esq., Michele D. Hangley, Esq. , Hangley, Aronchick, Segal, Pudlin & Schiller, Mary Catherine Roper, Esq. , for Appellant Amicus Curiae American Civil Liberties Union of Pennsylvania.

Hugh J. Burns Jr., Esq. , Philip Michael McCarthy, Esq. , Pennsylvania Office of Attorney General, for Appellee Commonwealth of Pennsylvania.


OPINION

In this appeal, we consider the continued viability of what our jurisprudence has dubbed the "public record presumption," which precludes a petitioner from establishing the existence of new facts that would support collateral review of an underlying conviction. See Commonwealth v. Burton...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases