IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 156 EAL 2023 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : DEREK MURCHISON, : : Petitioner :

ORDER

PER CURIAM AND NOW, this 20th day of March, 2024, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is: Whether the Superior Court applied the correct standard for an after-discovered evidence claim based upon post-conviction DNA testing received pursuant to Section 9543.1 of the PCRA and what value the jurisprudence related to a standard of actual innocence provides to that analysis.

Additionally, the Prothonotary is DIRECTED to serve this order on the Pennsylvania Office of Attorney General, who is INVITED to participate as amicus.

Justice McCaffery did not participate in the consideration or decision of this matter.