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COM. v. VANDIVNER

No. 696 CAP

130 A.3d 676 (2015)

COMMONWEALTH of Pennsylvania, Appellee v. James VANDIVNER, Appellant.

Supreme Court of Pennsylvania.

Decided December 29, 2015.

Attorney(s) appearing for the Case

Brent Eric Peck, Esq. , Uniontown, Peck Law Offices L.L.C., for James W. Vandivner.

Katharine R. Boyce, Esq. , for National Organization on Fetal Alcohol Syndrome, Amicus Curiae.

Jack Rayden Heneks, Esq. , Fayette County District Attorney's Office, Amy Zapp, Esq. , PA Office of Attorney General, Anthony S. Iannamorelli, Jr., Esq. , for Commonwealth of Pennsylvania.

SAYLOR, C.J., EAKIN, BAER, TODD, STEVENS, JJ.

OPINION

In this capital case, Appellant James VanDivner appeals the order of the Fayette County Court of Common Pleas denying his petition for relief under the Post Conviction Relief Act ("PCRA"), 42 Pa. C.S. §§ 9541-9546. For the reasons that follow, we vacate the order of the PCRA court and remand for a...

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