Commonwealth v. Williams

828 A.2d 981 (2003)

COMMONWEALTH of Pennsylvania, Appellee

v.

Kenneth J. WILLIAMS, Appellant.

Supreme Court of Pennsylvania.

Submitted March 7, 2003.

Decided July 21, 2003.

Michael Wiseman, Philadelphia, for Kenneth J. Williams, Appellant.

Bernard Martin, Amy Zapp, Harrisburg, for the Com. of PA, Appellee.

BEFORE: CAPPY, C.J., AND CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN AND LAMB, JJ.

OPINION

JUSTICE LAMB.

In this appeal we are asked to decide if a capital defendant's pro se motion to withdraw his first timely Post Conviction Collateral Relief Act (PCRA)[1] petition[2] is controlling in a case in which: 1)…