Commonwealth v. D'Amato

CONCURRING AND DISSENTING OPINION

Justice CASTILLE.

I join the Majority Opinion, except with respect to its resolution of appellant’s after-discovered evidence claim involving William Boyle’s alleged “recantation.”1 Because I believe that this claim is resolvable now, and fails, I respectfully dissent from that portion of the opinion which orders a remand for review of Boyle’s new statement.

After-discovered evidence claims may arise far earlier in a criminal matter than upon review under the Post Conviction Relief Act (PCRA), 42 Pa.C.S. § 9541, et seq. Indeed, new evidence may be found in time…