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Dockery v. Wolf

Pennsylvania Commonwealth Court

July 9, 2021

The Pennsylvania Commonwealth Court, acting in its original jurisdiction, granted Governor Tom Wolf’s preliminary objections because the Court lacked subject matter to jurisdiction to review a claim that the second-degree murder penalty statute the plaintiff was sentenced under was unconstitutional. The Court found that the claim should be brought in the Court of Common Pleas under the Post Conviction Relief Act. Accordingly, the Commonwealth Court ordered the matter transferred. This case appears to be identical to Henry v. Wolf, except that Dockery was convicted of second-degree murder and Henry was convicted of first-degree murder.

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