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COMMONWEALTH of Pennsylvania, Respondent v. Elwood SMALL, Petitioner

Supreme Court of Pennsylvania2019-04-23No. No. 559 EAL 2018
207 A.3d 289

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Opinion

majority opinion

PER CURIAM.

AND NOW, this 23rd day of April, 2019, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by petitioner, are:

(1) Where Small did not receive notice of his co-defendant Larry Bells 1993 PCRA hearing, and where Small has been continuously incarcerated, with only limited assistance of counsel on unrelated claims since that time, was Bells PCRA testimony unknown to Small under Commonwealth v. Burton[, 638 Pa. 687, 158 A.3d 618 (2017)]?

(2) Has Small otherwise satisfied the requirements for an exception to the PCRA time-bar under [42 Pa.C.S.] § 9545(b)(1)(ii) based on his co-defendant Bells PCRA testimony, such that the PCRA courts grant of a new trial should be reinstated?