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Supreme Court of Pennsylvania, 2003

Commonwealth v. Wharton

Commonwealth v. Wharton
Supreme Court of Pennsylvania · Decided November 19, 2003 · Cappy, Castille, Nigro, Newman, Saylor, Eakin, Lamb
835 A.2d 1273; 575 Pa. 166; 2003 Pa. LEXIS 2158 (Atlantic Reporter, Second Series)

Commonwealth v. Wharton

Opinion

ORDER

PER CURIAM.

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, 572 Pa. 468, 817 A.2d 473 (2003). This matter is REMANDED to the trial court. Jurisdiction is relinquished.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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