History
  • No items yet
midpage
Commonwealth v. Delbridge
566 Pa. 618
| Pa. | 2001
|
Check Treatment
783 A.2d 764 (2001)

COMMONWEALTH of Pennsylvania, Respondent,
v.
Gerald John DELBRIDGE, Petitioner.

Supreme Court of Pennsylvania.

November 2, 2001.

ORDER

PER CURIAM.

AND NOW, this 2nd day of November, 2001, WE GRANT the Petition for Allowance of Appeal LIMITED to the following issues:

1. Should Pennsylvania recognize, as a case of first impression, the concept of "taint" on the competency of the children's testimony when the defense established an objective source of "taint" through affidavits and exhibits as mandated in State v. Michaels, 136 N.J. 299, 642 A.2d 1372 (1994)?

2. Did the Superior Court err in affirming the trial court's three procedural violations and factual finding of competency?

3. Did the Superior Court's decision to prohibit cross-examination of the children on their recollection of their statements to third parties, to prevent expert testimony on the issue of reliability, and to conclude the 42 Pa.C.S.A. § 5985.1 hearsay statements possessed particularized guarantees of trustworthiness violate the mandate in Idaho v. Wright, 497 U.S. 805, 110 S.Ct. 3139, 111 L.Ed.2d 638 (1990) and applied in

*765 Commonwealth v. Vining, 744 A.2d 310 (Pa.Super.1999)?

It is further ordered that WE GRANT the Motion for Admission of Thomas A. Pavlinic, Esquire Pro Hac Vice and that WE GRANT Petitioner's Application to Present Post Submission Authority.

Case Details

Case Name: Commonwealth v. Delbridge
Court Name: Supreme Court of Pennsylvania
Date Published: Nov 2, 2001
Citation: 566 Pa. 618
Docket Number: Appeal 0471 MAL 2001
Court Abbreviation: Pa.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.