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COM. v. HEMINGWAY

Nos. 1186 WDA 2009, 1187 WDA 2009, 1188 WDA 2009, 1189 WDA 2009, 1190 WDA 2009.

13 A.3d 491 (2011)

COMMONWEALTH of Pennsylvania, Appellant v. Maharaji HEMINGWAY, Appellee. Commonwealth of Pennsylvania, Appellant v. Michael Charles Gearhart, Appellee. Commonwealth of Pennsylvania, Appellant v. Michael Clair Styers, Appellee. Commonwealth of Pennsylvania, Appellant v. Charles R. Gearhart, Appellee. Commonwealth of Pennsylvania, Appellant v. Kenneth Vernon Smeal, Appellee.

Superior Court of Pennsylvania.

Filed January 11, 2011.

Attorney(s) appearing for the Case

David C. Gorman , Office of Attorney General, State College, William R. Stoycos , and Christopher D. Carusone , Office of Attorney General, Harrisburg, for Commonwealth, appellant.

Lance T. Marshall , State College, for Maharaji Hemingway, appellee.

William C. Kerr, III , Dubois, for Michael Charles Gearhart, appellee.

Benjamin J. Vrobel , Clarion, for Michael Clair Styers, appellee.

BEFORE: DONOHUE, OLSON and FITZGERALD, JJ.

OPINION BY DONOHUE, J.:

The Commonwealth of Pennsylvania appeals from the order of the Court of Common Pleas, Clearfield County, precluding 34 of the Commonwealth's witnesses from testifying at the trial of defendants Maharaji Hemingway, Michael Charles Gearhart, Michael Clair Styers, Charles R. Gearhart, and Kenneth Vernon Smeal, as a result of the Commonwealth's failure to provide the defendants with transcripts of the witnesses' grand jury testimony in accordance...

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