Com. v. Waddy

1 Citing case

  1. Whitney v. Horn

    170 F. Supp. 2d 492 (E.D. Pa. 2000)   Cited 5 times
    In Whitney v. Horn, No. 99-1993 (E.D. Pa. June 7, 2000), petitioner Raymond Whitney included in his federal habeas petition numerous claims not presented in any state proceedings.

    Up until January 16, 1996, Pennsylvania law allowed a prisoner to file, without time limits, successive petitions for post-conviction relief. See Commonwealth v. Peterkin, 554 Pa. 547, 722 A.2d 638, 642 (1998); see also Commonwealth v. Travaglia, 541 Pa. 108, 661 A.2d 352 (1995) (involving a second petition for post-conviction relief); Commonwealth v. Waddy, 497 Pa. 449, 441 A.2d 1224 (1982) (involving a third petition); Commonwealth v. Yount, 419 Pa.Super. 613, 615 A.2d 1316 (1992) (involving a third petition). Despite the prohibition in ยง 9543(a)(3) against raising waived claims in PCRA petitions, it was the Pennsylvania Supreme Court's practice "to address all issues arising in a death penalty case, irrespective of a finding of waiver ."