Commonwealth v. Hardy, W.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 185 WAL 2022 :

Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : :

WILLIE JAMES HARDY, : :

Petitioner :

ORDER

PER CURIAM

AND NOW, this 21st day of December, 2022, the Petition for Allowance of Appeal

is GRANTED. The issues, rephrased for clarity, are:

(1) Was Appellant’s Petition for Post-Conviction DNA Testing Pursuant to 42 Pa.C.S. § 9543.1 timely?

(2) Did Appellant satisfy the requirements of 42 Pa.C.S. § 9543.1(a)(2), with regard to evidence previously tested for DNA and evidence not previously tested for DNA?

(3) Did Appellant present a prima facie case demonstrating that the DNA testing sought, assuming exculpatory results, would establish his actual innocence of the offense for which he was convicted?