Commonwealth v. Fahy

OPINION

Justice GREENSPAN.

In this capital case, we decide whether the Court of Common Pleas of Philadelphia County erred when it limited the scope of its hearing on the fifth petition filed by Appellant Henry Fahy under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. §§ 9541-46. We affirm. 1

In 1983, Appellant was convicted of murder in the first degree, rape, burglary, and possession of an instrument of crime for the brutal rape and slaying by strangulation of twelve-year old Nicoletta Caserta inside her home. The jury sentenced the Appellant to death after finding that the two mitigating…