COM. v. SPETZER


813 A.2d 707 (2002)

COMMONWEALTH of Pennsylvania, Appellant, v. Jon Anthony SPETZER, Appellee.

Supreme Court of Pennsylvania.

Decided December 31, 2002.


Attorney(s) appearing for the Case

Ray F. Gricar, District Attorney, Stephen P. Sloane, Bellefonte, District Attorney's Office, for Com.

Ronald S. McGlaughlin, State College, for Jon Anthony Spetzer.

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


OPINION OF THE COURT

Justice CASTILLE.

The issue on appeal is whether the Superior Court erred in granting a new trial on grounds that trial counsel was ineffective for failing to object, under the spousal confidential communications privilege set forth in 42 Pa.C.S. § 5914, to the voluntary testimony of appellee's wife relating statements appellee made to her while charges were pending against him for the rape of his twelve year-old stepdaughter...

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