Commonwealth v. McIntyre, J.

Sep 4, 2019
132 EAL 2019 (Granted)
Versions:217 A.3d 792

ORDER

PER CURIAM

AND NOW, this 4th day of September, 2019, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner are:

  1. Whether the Superior Court erred by failing to apply the standard delineated in Teague v. Lane (1989) and its progeny, including and specifically Montgomery v. Louisiana (2016), allowing a retroactive application in collateral proceedings for new substantive rules, as it is United States Supreme Court precedent?
  2. Whether a complete and fundamental miscarriage of justice issued fatally depriving Appellant of his constitutional rights to due process under the United States and Pennsylvania Constitutions where the court of original jurisdiction lacked subject matter jurisdiction to prosecute in this instant case?
  3. Whether Commonwealth v. Neiman and/or Commonwealth v. Derhammer, both Pennsylvania Supreme Court precedents, are to be applied to his first timely PCRA as new substantive rules in accord with the United States and Pennsylvania Constitutions?

The Prothonotary is directed to forward this order and the underlying Petition for Allowance of Appeal to the pro bono coordinator for possible selection of counsel to represent Petitioner for purposes of the appeal.