(DOWNLOAD) "Commonwealth v. Miller" by Texas Court of Appeals * Book PDF Kindle ePub Free

eBook details

Title: Commonwealth v. Miller
Author : Texas Court of Appeals
Release Date : January 27, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

In this case, we are asked to consider the impact of the recent United States Supreme Court case of Atkins v. Virginia, 536 U.S. 304 (2002), on our collateral capital jurisprudence. Appellee, Joseph Daniel Miller, filed a petition under the Post Conviction Relief Act (hereinafter "PCRA"), 42 Pa.C.S. Â§Â§ 9541-9546, seeking relief under Atkins. Following a review of the trial court record and the record of the first PCRA proceedings, the PCRA court vacated Appellees sentences of death and imposed consecutive sentences of life in prison. For the reasons stated herein, we vacate the order of the PCRA court and remand this matter for further proceedings consistent with our decision today.