Commonwealth v. Nole

ORDER OF COURT

The Court being equally divided, the Order of the Superi- or Court is affirmed.

McDERMOTT, J., did not participate in the consideration or decision of this case. ZAPPALA, J., filed an Opinion in Support of Affirmance in which NIX, C.J., and LARSEN, J., joined. FLAHERTY, J., filed an Opinion in Support of Reversal in which HUTCHINSON and PAPADAKOS, JJ., joined.

OPINION IN SUPPORT OF REVERSAL

FLAHERTY, Justice.

The trial court determined after reviewing the instant pro se petition that the issues presented in this, Nole’s third petition under the Post Conviction Hearing Act, Act of…