Commonwealth v. Pelzer, K., Aplt. (per curiam order)

Annotate this Case

Download PDF

[J-18-2019] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Appellee v. KEVIN PELZER, Appellant : : : : : : : : : : : No. 755 CAP Appeal from the Orders entered on January 29, 2003, March 25, 2003 and August 26, 2011 in the Court of Common Pleas, Philadelphia County, Criminal Division at CP-51-CR1031752-1988, denying in part post conviction relief. (Nunc pro tunc appeal rights reinstated on June 1, 2017.) SUBMITTED: February 4, 2019 ORDER PER CURIAM DECIDED: November 26, 2019 AND NOW, this 26th day of November, 2019, the appeal is DISMISSED. Presently, because Pelzer is not currently sentenced to death, this Court lacks jurisdiction over the appeal. See 42 Pa.C.S. § 9546(d) (providing this Court with exclusive appellate jurisdiction over “a final order” in a “case in which the death penalty has been imposed”). The case is REMANDED to the Philadelphia Court of Common Pleas for sentencing pursuant to our previous mandate in Commonwealth v. Daniels and Pelzer, 104 A.3d 267, 319 (Pa. 2014). Justice Dougherty files a concurring statement joined by Justice Mundy. Justice Wecht files a concurring statement joined by Justice Donohue. Chief Justice Saylor and Justices Baer and Todd did not participate in the consideration or decision of this matter.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.