Post-Conviction Relief • Timeliness Requirement • “Newly Discovered Facts” • Undisclosed Commonwealth Deal with Co-Conspirator
Commonwealth v. Shiloh, PICS Case No. 17-1451 (Pa. Super. Sept. 8, 2017) Gantman, J. (13 pages).
Public record presumption did not apply as a bar to invocation of the newly-discovered facts exception to the timeliness requirement of the PCRA for pro se incarcerated PCRA petitioners, although such petitioners were still required to prove that the facts underlying their claims were unknown to them and could not have been discovered sooner with due diligence. Order of the PCRA court reversed.
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