IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 559 EAL 2018
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
ELWOOD SMALL, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 23rd day of April, 2019, the Petition for Allowance of Appeal is
GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all
remaining issues. The issues, as stated by petitioner, are:
(1) Where Small did not receive notice of his co-defendant Larry Bell’s 1993
PCRA hearing, and where Small has been continuously incarcerated, with
only limited assistance of counsel on unrelated claims since that time, was
Bell’s PCRA testimony “unknown” to Small under Commonwealth v.
Burton[, 158 A.3d 618 (Pa. 2017)]?
(2) Has Small otherwise satisfied the requirements for an exception to the
PCRA time-bar under [42 Pa.C.S.] § 9545(b)(1)(ii) based on his co-
defendant Bell’s PCRA testimony, such that the PCRA court’s grant of a
new trial should be reinstated?