Commonwealth v. DeJesus

OPINION

Chief Justice CASTILLE.

These are cross-appeals in a capital matter from the Order of the Court of Common Pleas of Philadelphia County granting partial relief under the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546.1 The Commonwealth appeals the PCRA court’s order insofar as it grants relief on Jose Dejesus’s claim that he is ineligible for the death penalty under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), because he is mentally retarded. DeJesus cross-appeals the PCRA court’s concurrent denial of his various other PCRA claims.2 For the fol*65lo…