Category: PCRA
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Com v. Crispell: PCRA Petitions may be amended to add new claims, even if the new claims fall outside of the “one year” rule
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In an otherwise mundane PCRA affirmance, the Supreme Court of Pennsylvania ruled unanimously that a PCRA petitioner may move to amend his petition to add an additional claim, even if…
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Com v. DiMatteo: PCRA petitioner entitled to new sentence where SCOTUS change occurred before his sentence was final
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Commonwealth v. DiMatteo resolves an obscure overlap in sentencing rules in Pennsylvania, confirming that a Defendant is entitled to resentencing where he was not sentenced on his open plea before…
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Com v. VanDivner: Three Part Miller Test Establishes Sanity for Death Penalty
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The Supreme Court of Pennsylvania ruled 6-0 in Commonwealth v. VanDivner that a defendant whose intellectual impairments interfere with his ability to cognitively adapt is mentally incompetent as regards the…