Commonwealth v. Allen, T. - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 35 EAL 2013 : Petitioner : : Petition for Allowance of Appeal from the : Order of the Commonwealth Court v. : : : TODD ALLEN, : : Respondent : ORDER PER CURIAM AND NOW, this 4th day of September, 2013, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by the Commonwealth, is: a. Does a criminal defendant have no obligation to raise a return motion prior to the completion of proceedings before the trial court, but rather may wait six years from the completion of all criminal proceedings, including collateral attacks, to file a stand-alone motion? It is further ordered that the trial court is directed to appoint counsel to assist Respondent on appeal to this Court.

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