The Pennsylvania Superior Court affirmed the lower court’s dismissal of the defendant’s PCRA petition. The defendant filed a petition for DNA testing. The lower court granted the petition. The defendant then filed a PCRA petition alleging that newly-obtained, exculpatory DNA test results met the criteria for after-acquired evidence that would entitle him to relief. The Commonwealth agreed to a negotiated plea to third-degree murder and a new sentence of twenty-to-forty-years. The lower court dismissed the petition as lacking merit, and the Superior Court affirmed. The court ruled that the lower court correctly found the new DNA evidence was merely cumulative and not likely to compel a different result.
