Boca Raton Club, Inc. v. Kelly

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the PCRA’s “after- discovered evidence” exception is satisfied where a witness submits an -9- J-S07022-15 affidavit that recants earlier trial testimony
• concluding that pro se litigant exercised due diligence in filing serial petition based upon affidavit in which a Commonwealth witness indicated he fabricated his trial testimony regarding the defendant’s confession
• finding that due diligence did not require defendant to make an unreasonable assumption that the Commonwealth had acted improperly in prosecuting his case
• finding that due diligence does not require a defendant “should have assumed the Commonwealth’s witnesses were committing perjury, and the Commonwealth was improperly permitting them to do so.”
• regarding newly-discovered facts related to the investigation into the murder for which Davis was convicted
• stating due diligence does not require defendant to make unreasonable assumptions such as assuming Commonwealth's witnesses committed perjury when stating that no deal was offered to them by the Commonwealth

Source: CourtListener parenthetical corpus (CC0).