Commonwealth v. Wharton
835 A.2d 1273, 575 Pa. 166, 2003 Pa. LEXIS 2158
Supreme Court of Pennsylvania·Decided November 19, 2003·No. Appeal 405 CAP·Published·Cited by 3 cases
Opinion
ORDER
AND NOW, this 19th day of November, 2003, the trial court’s order of March 13, 2003 is VACATED. A post-conviction relief act petition may not be dismissed on the basis that litigation is pending in federal court. See Commonwealth v. Whitney, 572 Pa. 468, 817 A.2d 473 (2003). This matter is REMANDED to the trial court. Jurisdiction is relinquished.
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Commonwealth v. Wharton, 835 A.2d 1273, 575 Pa. 166, 2003 Pa. LEXIS 2158 (Pa. 2003).
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