Commonwealth, Aplt v. Hackett, R.

OPINION

Justice STEVENS.

Following our remand in this capital case, the Commonwealth appeals the order of the Court of Common Pleas of Philadelphia County granting Appellee Richard Hackett’s petition pursuant to the Post Conviction Relief Act (PCRA).1 Upon determining that Appellee has proven that he is “mentally retarded” as defined by this Court in Commonwealth v. Miller, 585 Pa. 144, 888 A.2d 624 (2005), and thus, is exempt from execution in accordance with the United States Supreme Court’s decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), the PCRA court…