PCRA Petition • Timeliness • Newly Discovered Evidence • Fire Investigation Standards
Commonwealth v. Smallwood, PICS Case No. 17-0153 (Pa. Super. Feb. 1, 2017) Lazarus, J. (32 pages).
Trial court erred in granting defendant’s PCRA petition seeking a new trial based on newly discovered evidence because defendant learned of the new fire investigation methodology that was relevant to her arson conviction in 1999 but did not file her PCRA petition until 2014 and thus, her petition was untimely. Reversed.
