Commonwealth v. Little

BECK, Judge:

In this appeal we hold that “prisoner mailbox rule” is applicable to petitions under the Post Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546 (PCRA). The prisoner mailbox rule provides that the date of delivery of the PCRA petition by the defendant to the proper prison authority or to a prison mailbox is considered the date of filing the petition.

Appellant Ellery Little appeals pro se from the order denying him relief pursuant to the PCRA on the basis that his petition was not timely filed. For the reasons that follow, we reverse and remand for an evidentiary hearing on the…