Opinion
151 EAL 2022
03-01-2023
COMMONWEALTH OF PENNSYLVANIA, Respondent v. WILLIAM SMITH, Petitioner
Petition for Allowance of Appeal from the Order of the Superior Court
ORDER
PER CURIAM.
AND NOW, this 1st day of March, 2023, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:
Should Commonwealth v. Smith, 244 A.3d 13 (Pa. Super. 2020), which was never reviewed by this Court but bound the panel below, be overruled (at least to the extent that it applies to prophylactic petitions like the present one) and should Pennsylvania instead recognize and adopt the superior procedure of "stay and abey" used by federal courts under the analogous deadlines of 28 U.S.C. § 2254?