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COM. v. FLETCHER

896 A.2d 508 (2006)

COMMONWEALTH of Pennsylvania, Appellant, v. Anthony FLETCHER, Appellee. Commonwealth of Pennsylvania, Appellee, v. Anthony Fletcher, Appellant.

Supreme Court of Pennsylvania.

Decided April 21, 2006.

Attorney(s) appearing for the Case

Amy Zapp, Esq., Hugh J. Burns, Jr., Esq., Harrisburg, for Commonwealth of Pennsylvania (in No. 438 CAP).

Kathleen E. Martin, Esq., Jerome J. Shestack, Esq., Joseph Colin Crawford, Esq., Philadelphia, for Anthony Fletcher (in No. 438 CAP).

Kathleen E. Martin, Esq., Jerome J. Shestack, Esq., Philadelphia, for Anthony Fletcher (in No. 446 CAP).

Amy Zapp, Esq., Hugh J. Burns, Jr., Esq., Harrisburg, for Commonwealth of Pennsylvania (in No. 446 CAP).

BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, and BALDWIN, JJ.

OPINION

Justice SAYLOR.

In this capital appeal, the Commonwealth challenges the award of a new trial by a post-conviction court deriving from the absence at trial of testimony from the assistant medical examiner who performed the autopsy of the murder victim, as well as a limited retraction by the pathologist who furnished trial testimony at the behest of the prosecution.

The background underlying Appellee's 1993 conviction for first-degree...

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