Commonwealth, Aplt. v. Burton, S.

OPINION

JUSTICE TODD

In this discretionary appeal by the Commonwealth, we consider whether the presumption that information of public record cannot be considered “unknown” for purposes of proving the newly-discovered facts exception to the time requirements of the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S. §§ 9541-9546, applies to pro se petitioners who are incarcerated. For the reasons discussed below, we hold that the pre*691sumption does not apply to pro se prisoner petitioners, and so we affirm the Superior Court’s order remanding the matter to the trial court for further proceedings.

I.…