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Com. v. Wharton

Supreme Court of Pennsylvania, Eastern District
Nov 19, 2003
835 A.2d 1273 (Pa. 2003)

Opinion

[J-174-2003].

November 19, 2003.

No. 405 CAP, Appeal from the February 11, 2003, Order of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, at Information Numbers 2258, February Term 1984, and 2643 and 0402, May Term 1984, dismissing Defendant's second Petition under the Post-Conviction Relief Act.

Prior report: 530 Pa. 127, 607 A.2d 710.

Robert Wharton, Appellant, pro se.

Hugh J. Burns, Phialdelphia, Amy Zapp, Harrisburg, for Com., Appellee.

BEFORE: CAPPY, C.J, and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, and LAMB, J.J.


ORDER


AND NOW, this 19th day of November, 2003, the trial court's order of March 13, 2003 is VACATED. A post-conviction relief act petition may not be dismissed on the basis that litigation is pending in federal court. See Commonwealth v. Whitney, 817 A.2d 473 (Pa. 2003). This matter is REMANDED to the trial court. Jurisdiction is relinquished.


Summaries of

Com. v. Wharton

Supreme Court of Pennsylvania, Eastern District
Nov 19, 2003
835 A.2d 1273 (Pa. 2003)
Case details for

Com. v. Wharton

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA, Appellee v. ROBERT WHARTON, Appellant

Court:Supreme Court of Pennsylvania, Eastern District

Date published: Nov 19, 2003

Citations

835 A.2d 1273 (Pa. 2003)
835 A.2d 1273