Commonwealth v. Turner

OPINION

Justice BAER.

The Commonwealth has filed a direct appeal from an order of the court of common pleas of the first judicial district declaring that Section 9543(a)(l)(i) of the Post-Conviction Relief Act (PCRA), 42 Pa. C.S. § 9543(a)(1)(i),1 which conditions the availability of post-conviction relief on whether the petitioner is currently serving a sentence of imprisonment, probation, or parole, is unconstitutional as applied to Emma Turner (Petitioner).2 The court of common pleas (PCRA court) held that barring Petitioner from obtaining collateral relief on her timely claim of trial…