COMMONWEALTH v. FORREST


327 Pa.Super. 593 (1984)

474 A.2d 671

Commonwealth v. Forrest, Appellant.

Supreme Court of Pennsylvania.

April 19, 1984.

Petition for Allowance of Appeal Granted August 30, 1984.


Attorney(s) appearing for the Case

Robert J. Leibowitz, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, for Commonwealth, appellee.

Before SPAETH, President Judge, and CIRILLO and JOHNSON, JJ.


Remanded for the purpose of holding an evidentiary hearing within sixty days to ascertain whether or not appellant, through his trial counsel, made a choice, supported by a reasonable legal basis, not to challenge the police's due diligence during the period of July 4, 1980 to April 1, 1981; and whether or not the Commonwealth complied with Pa.R. Crim.P. 1100 by using due diligence in seeking to secure the presence of the appellant during the period of July 4, 1980 to April...

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