Commonwealth v. Marshall

OPINION

McCAFFERY, Justice.

In this capital case, Jerome Marshall (Appellant) appeals from the order of the Court of Common Pleas of Philadelphia County dismissing without a hearing his second petition filed pursuant to the Post Conviction Relief Act (PCRA). 1 Appellant contends that newly discovered evidence supports his claim of racial discrimination in the seating of a jury during his trial and penalty hearing, in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Following careful review, we affirm.

The relevant early history of the instant case has been…