Comm. v. Stevens (Dissenting Opinion)

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[J-267-98] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : ANDRE STEVENS, : : Appellant : : No. 0229 Capital Appeal Docket Appeal from the Order of the Court of Common Pleas of Beaver County Dated April 29, 1998 at No. 356A of 1992 SUBMITTED: December 29, 1998 DISSENTING OPINION MR. JUSTICE NIGRO DECIDED: October 27, 1999 Based on the narrow set of circumstances presented in this case, I agree with Justice Zappala that the matter should be remanded to the PCRA court for reconsideration of Appellant s claim that his counsel could have developed a viable diminished capacity defense had counsel provided Dr. Martone with the proper materials to obtain a correct diagnosis in the first instance.

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