Post-Conviction Relief • First-Degree Murder • Ineffective Assistance of Counsel • Failure to Investigate Witness Impeachment Evidence
Commonwealth v. Mitchell, PICS Case No. 16-0952 (Pa. July 19, 2016) Wecht, J. (16 pages).
The PCRA court’s conclusion that appellant’s trial counsel was not ineffective for failing to question a commonwealth witness prior to trial did not constitute a “newly-discovered fact” that would satisfy the exception to the PCRA time bar for a second untimely petition. Order of the PCRA court affirmed.
