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COMMONWEALTH v. MONTALVO

No. 774 CAP, No. 776 CAP.

244 A.3d 359 (2021)

COMMONWEALTH of Pennsylvania, Appellant v. Noel Matos MONTALVO, Appellee. Commonwealth of Pennsylvania, Appellee v. Noel Matos Montalvo, Appellant.

Supreme Court of Pennsylvania.

Decided: January 20, 2021.

Attorney(s) appearing for the Case

Jennifer Anne Buck, Esq. , Ronald Eisenberg, Esq. , Pennsylvania Office of the Attorney General, for Appellant, Appellee Commonwealth of Pennsylvania.

Jeffrey Charles Marshall, Esq. , Marshall & Smith, PC, for Appellee, Appellant Montalvo, Noel Matos.

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

OPINION

Before our Court in this capital case is the Commonwealth's appeal of the order of the York County Court of Common Pleas granting the petition of Noel Matos Montalvo (hereinafter, "Noel") for relief under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541 et seq., in...

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