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Commonwealth v. Brown
Op. at 331-32; see Commonwealth v. Brown , 139 A.3d 208 , 218-19 (Pa. Super. 2016). 2 As this was the second issue *337 upon which this Court granted allowance of appeal, Commonwealth v. Brown , 640 Pa. 533 , 164 A.3d 461 (2016) (per curiam), and because, in my view, the Superior Court's reliance on Rule 703 was erroneous, I regard this as an important issue for this Court to address.
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania, Respondent
v.
Darnell BROWN, Petitioner
v.
Darnell BROWN, Petitioner
357 EAL 2016 (Granted).
Supreme Court of Pennsylvania.
Dec 14, 2016.
Per Curiam.
Cited by 1 opinion | Published
ORDER
PER CURIAMAND NOW, this 14th day of December, 2016, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:
(1) Because an autopsy report constitutes testimonial hearsay, does not use of that report by another expert as the basis of his own opinion violate the Sixth Amendment guarantee of the right of Confrontation?
(2) Because Rule 703 allows an expert to use inadmissible evidence to form an opinion but does not allow that inadmissible evidence to be used for its truth, did not the Superior Court err in concluding that Rule 703 permitted the testimony in this case where the testifying expert’s opinion has
relevance and probative value only if the report he relied on is true?