PCRA Petition • Timeliness • “Newly Discovered Facts” • Public Record Presumption
Commonwealth v. Burton, PICS Case No. 17-0503 (Pa. March 28, 2017) Todd, J., Saylor, C.J. (concurring), Baer, J. (dissenting) (39 pages).
Superior Court properly remanded appellee’s pro se PCRA petition for an evidentiary hearing, where appellee argued that his coconspirator’s statement in his motion to expunge that he, not appellee, had killed the victim in self-defense was a newly-discovered fact because the public record presumption could not reasonably be applied to pro se PCRA petitioners who were incarcerated. Affirmed.
