Commonwealth v. Foreman, 55 A.3d 532

Appellant was convicted at trial of carrying a firearm without a license and related offenses after a suppression ruling.”
At the suppression hearing (Feb. 2007), Detective Simon observed Appellant among a group on Columbo Street, where Appellant wore red and appeared to adjust his waistband.
Detective Simon testified Appellant repeatedly reached toward his waistband, prompting a pat-down during which a loaded gun fell from Appellant’s waistband.
The gun was cocked; a brief struggle occurred as officers attempted to restrain Appellant, including a punch by Appellant.
The trial court denied suppression; Appellant was convicted on the firearms-related charges after separate trials for various defendants.
In 2011 Appellant filed a PCRA petition alleging exculpatory after-discovered evidence related to Detective Simon’s later criminal charges; the PCRA court denied relief, and the Superior Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether after-discovered evidence warrants PCRA relief	Foreman argues Simon’s ongoing charges would undermine credibility and evidence handling.	Commonwealth contends evidence would impeach only credibility and not change outcome.	No relief; evidence fails prong three and four.

Pagan v. Commonwealth, 950 A.2d 270 (Pa. 2008) (three-prong test for after-discovered evidence; must show all factors by preponderance)
Padillas v. Commonwealth, 997 A.2d 356 (Pa.Super.2010) (conjunctive test for after-discovered evidence; weigh all factors)
Commonwealth v. Reese, 663 A.2d 206 (Pa.Super.1995) (abuse of discretion standard for PCRA rulings)
Commonwealth v. Soto, 983 A.2d 212 (Pa.Super.2009) (lack of nexus between later misconduct and prior conviction)
Terry v. Ohio, 392 U.S. 1 (1968) (abbreviated detentions and searches; basis for suppression)
Commonwealth v. Reaves, 923 A.2d 1119 (Pa.2007) (standard of review for PCRA rulings)