Commonwealth v. Morris

I agree with the majority’s ultimate conclusion that the PCRA court lacked jurisdiction to stay the Governor’s execution warrant once it determined that the serial PCRA petition before it was untimely filed. Accordingly, I join in the mandate vacating the stay of execution. The Court’s mandate follows upon a discussion of several difficult questions, howev*38er, including: the basis for this Court’s jurisdiction; whether the PCRA provides the governing stay standard; if so, what that standard means; whether that standard passes state constitutional muster against challenges based upon the right…