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COM. v. YOHE

No. 75 MAP 2012

79 A.3d 520 (2013)

COMMONWEALTH of Pennsylvania, Appellee v. George William YOHE, II, Appellant.

Supreme Court of Pennsylvania.

Decided October 30, 2013.

Attorney(s) appearing for the Case

Joshua Auriemma, Esq. , Shawn Michael Dorward, Esq. , McShane Firm, LLC, Justin James McShane, Esq. , Harrisburg, Theodore Charles Tanski Jr., Esq. , for George William Yohe, II.

Michael Steven Sherman, Esq. , Michael Steven Sherman, P.C., Pittsburgh, for PA Association for Drunk Driving Defense Attorneys.

Barbara A. Zemlock, Esq. , Post & Schell, P.C., Harrisburg, Jules Epstein, Esq. , Philadelphia, for PA Association of Criminal Defense Lawyers.

Timothy Jon Barker, Esq. , Thomas L. Kearney III, Esq. , Stephanie Elizabeth Lombardo, Esq. , Duane Ramseur, Esq. , James Edward Zamkotowicz, Esq. , York County District Attorney's Office, for Commonwealth of Pennsylvania.

Hugh J. Burns Jr., Esq. , Philadelphia, for Pennsylvania District Attorneys Association.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, JJ.

OPINION

Justice BAER.

George William Yohe, II, (Appellant) appeals from the Superior Court order that reversed the trial court's order awarding a new trial on the ground that his constitutional right of confrontation was violated. We agree with the Superior Court that Appellant's constitutional right of confrontation was not violated at trial because the testifying witness was not a "surrogate witness," as Appellant argues. Rather, as discussed below...

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