Post-Conviction Relief • Timeliness • Newly-Discovered Facts Exception • After-Discovered Evidence • Re-performed Ballistics Test
Commonwealth v. Cox, PICS Case No. 16-1217 (Pa. Sept. 28, 2016) Donohue, J. (16 pages).
PCRA petitioner failed to meet timeliness exception under §9545(b)(1)(ii) of the PCRA where his multi-year delay in attempting to obtain additional ballistics testing established that petitioner failed to act with due diligence in uncovering facts now asserted. Order of the PCRA court affirmed.
