Opinion
No. 151 EAL 2022
03-01-2023
COMMONWEALTH of Pennsylvania, Respondent v. William SMITH, Petitioner
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 ?