COM. v. BOICH

DOCKET NO. A-5501-06T2

982 A.2d 102 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. Daryl J. BOICH, Appellee.

Superior Court of Pennsylvania.

Filed October 6, 2009.


Attorney(s) appearing for the Case

Frank P. Barletta, Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellant.

Albert J. Flora, Forty Fort, for appellee.

BEFORE: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BENDER, BOWES, GANTMAN, and SHOGAN, JJ.


OPINION BY GANTMAN, J.:

¶ 1 Appellant, the Commonwealth of Pennsylvania, appeals from the order entered in the Luzerne County Court of Common Pleas, which granted the pre-trial motion of rape defendant Appellee, Daryl J. Boich, to direct the adult rape complainant ("C.U.") to submit to an involuntary psychiatric examination for purposes of deciding her competency to testify at trial. The Commonwealth asks whether the court erred when it found compelling reasons...

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