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COM. v. RIZZO

556 Pa. 10 (1999)

726 A.2d 378

COMMONWEALTH of Pennsylvania v. Dominick "Butch" RIZZO, Appeal of Mark Bradley Reighard. Commonwealth of Pennsylvania v. Dominick "Butch" Rizzo, Appeal of James Hyland.

Supreme Court of Pennsylvania.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Norman A. Krumenacker, Jr., Johnstown, for Mark B. Reighard.

Gary B. Zimmerman, Pittsburgh, for James Hyland.

Marianne E. Kreisher, Harrisburg, Donna McClelland, Pittsburgh, for the Com.

David J. Weaver, Johnstown, for Dominick Rizzo.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

The sole issue in this case is whether a witness in a criminal case who has been granted immunity and refuses to testify is "unavailable" within the meaning of Pa.R.Crim.P. 9015.

The appellants in this case, Mark Reighard and James Hyland, are witnesses in a criminal action against one Dominic Rizzo, who is accused of illegal drug trafficking and conspiracy. In 1992, both Reighard and Hyland testified...

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