Commonwealth v. Wharton

Supreme Court of Pennsylvania
Commonwealth v. Wharton, 835 A.2d 1273 (Pa. 2003)
575 Pa. 166; 2003 Pa. LEXIS 2158
Cappy, Castille, Nigro, Newman, Saylor, Eakin, Lamb

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.

Reference

Full Case Name
COMMONWEALTH of Pennsylvania, Appellee, v. Robert WHARTON, Appellant
Cited By
3 cases
Status
Published