Commonwealth v. Whitehead, Clinton (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Respondent : : : v. : : : CLINTON O'DELL WHITEHEAD, : : Petitioner : No. 1080 MAL 2005 Petition for Allowance of Appeal from the Order of the Superior Court at No. 82 EDA 2005, affirming in part and vacating In part , the order of the Court of Common Pleas of Chester County at No; 518-97. ORDER PER CURIAM AND NOW, this 6th day of July, 2006, the Petition for Allowance of Appeal is GRANTED. The Order of the Superior Court is vacated, and the matter is remanded to that court for a determination of the issue of timeliness of the PCRA petition. See Commonwealth v. Murray, 753 A.2d 201 (Pa. 2000) (the time limitations of the PCRA are jurisdictional and no court may disregard or alter those requirements in order to reach the merits of claims raised in an untimely filed petition). Jurisdiction is relinquished.

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