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COM. v. KIRWAN

847 A.2d 61 (2004)

COMMONWEALTH of Pennsylvania, Appellant v. Robert KIRWAN, II, Appellee.

Superior Court of Pennsylvania.

Filed March 2, 2004.

Reargument Denied May 11, 2004.

Attorney(s) appearing for the Case

Alisa R. Hobart, Asst. Dist. Atty., Reading, for the Com., appellant.

Robert J. Kirwan, Reading, for appellee.

Before: KLEIN, BENDER and OLSZEWSKI, JJ.

KLEIN, J.:

¶ 1 The Commonwealth has appealed from an order granting Robert J. Kirwan, II's petition for a writ of habeas corpus. It claims that the lower court erred for three reasons:

1. It presented a prima facie case, so habeas corpus was improper; 2. The trial court should not have sustained the complaining witnesses' assertion of their Fifth Amendment privilege against compulsory self-incrimination based solely on...

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