In Commonwealth v. Howard, the Pennsylvania Superior Court reviewed the lower court’s dismissal of Appellant’s third PCRA petition. The Court held that a Joint State Government Commission Report on Capital Punishment was not newly-discovered evidence of racial discrimination that occurred during his jury selection process, providing a factual basis to support several constitutional claims that would potentially entitle him to a new trial. Thus, the Report did not satisfy the requirements of 42 Pa.C.S. ยง 9545(b)(1)(ii).
