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COMMONWEALTH of Pennsylvania, Petitioner v. Nashir FISHER, Respondent

Supreme Court of Pennsylvania2012-02-15No. No. 142 EAL 2011
614 Pa. 45638 A.3d 767

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Opinion

majority opinion

ORDER

PER CURIAM.

AND NOW, this 15th day of February, 2012, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

1. Is conspiracy to commit third-degree murder a cognizable offense under Pennsylvania law?

2. In the alternative, if conspiracy to commit third-degree murder is not a cognizable offense under Pennsylvania’s law, did the Superior Court contradict this Court’s precedent by failing to modify the judgment to a cognizable offense, ie., conspiracy to commit aggravated assault? It is further ordered that this appeal is consolidated with the appeals at 144 EAL 2011 and 277 EAL 2011. A briefing schedule in these appeals will issue as directed at 144 EAL 2011.