Commonwealth v. Miller

OPINION

In this appeal, the Commonwealth challenges the order of a post-conviction court vacating Appellee’s death sentences pursuant to Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding that the Eighth Amendment to the United States Constitution prohibits the execution of mentally retarded persons).

In 1994, Appellee was convicted of two counts of first-degree murder pertaining to the killing of Selina Franklin and Stephanie McDuffey. He received sentences of death, which were affirmed on direct appeal, see Commonwealth v. Miller, 541 Pa. 531, 664 A.2d 1310…