Commonwealth v. Hernandez, D.
This text of Commonwealth v. Hernandez, D. (Commonwealth v. Hernandez, D.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 407 EAL 2025 : Respondent : : Petition for Allowance of Appeal : from the Unpublished v. : Memorandum and Order of the : Superior Court at No. 995 EDA : 2024 entered on May 13, 2025, DAVID HERNANDEZ, : affirming the Judgment of : Sentence of the Philadelphia Petitioner : County Court of Common Pleas : at No. CP-51-CR-0004024-2023 : entered on March 22, 2024
ORDER
PER CURIAM
AND NOW, this 10th day of June, 2026, the “Petition to Remand to Raise After-
Discovered Exculpatory Evidence Claim” is GRANTED. The Superior Court’s decision
below is VACATED, and this matter is REMANDED to the Superior Court with instructions
to remand to the Court of Common Pleas of Philadelphia County (common pleas court).
The Superior Court shall direct the common pleas court to consider Petitioner’s after-
discovered evidence claim. The Petition for Allowance of Appeal is DISMISSED AS
MOOT.
Jurisdiction relinquished.
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