Supreme Court of Pennsylvania

Commonwealth of Pennsylvania, Appellee v. Jermont Cox, Appellant

September 28, 2016636 Pa. 603

Summary

The Court affirmed the denial of Cox’s second PCRA petition because he failed to satisfy the newly discovered facts exception to the PCRA’s jurisdictional time bar. The Court held that this exception requires only proof that the relevant facts were previously unknown and could not have been discovered through due diligence, without analyzing the underlying claim’s merits. Cox knew additional ballistics testing was possible but waited six years to seek it and offered no explanation for the delay, defeating due diligence.