Commonwealth, Aplt. v. Montalvo, M.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE BAER

In this capital murder case arising under the Post Conviction Relief Act ("PCRA"), 42 Pa.C.S. §§ 9541 - 9546, both the Commonwealth and Milton Noel Montalvo have filed cross-appeals from the order of the Court of Common Pleas of York County ("PCRA Court"), which denied relief on Montalvo's guilt phase claims, but granted him a new penalty hearing based on two separate claims of ineffective assistance of counsel. For the following reasons, we affirm the PCRA court's order.

I. Factual and Procedural Background

While…