COM. v. CLAY

Nos. 3 MAP 2012, 4 MAP 2012, 5 MAP 2012

64 A.3d 1049 (2013)

COMMONWEALTH of Pennsylvania, Appellant v. Jamel CLAY, Appellee. Commonwealth of Pennsylvania, Appellant v. Jason Sale Claybrook, Appellee. Commonwealth of Pennsylvania, Appellant v. Rashid Lewis, Appellee.

Supreme Court of Pennsylvania.

Decided February 8, 2013.


Attorney(s) appearing for the Case

Nicholas J. Casenta Jr. , Peter Hobart , Thomas P. Hogan Jr. , West Chester, Gerald P. Morano , Chester County District Attorney's Office, for Commonwealth of Pennsylvania.

Amal Munas Bass , Terry L. Fromson , Philadelphia, Women's Law Project, for Appellant Amicus Curiae, Women's Law Project & 42 PA & Nat'l Organizations Dedicated to Justice for Victims of Sexual Assault.

Mark David Rassman , for Jamel Kwinton Clay.

David Paul Clark , Shehwen & Clark, P.C., for Jason Sale Claybrook.

Meredith Daniels Copeland , Chester County Public Defender's Office, John R. Merrick , West Chester, for Rashid Lewis.

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


OPINION

Justice TODD.

In this discretionary appeal by the Commonwealth, we consider whether the Superior Court applied an incorrect standard of review with respect to a claim that the verdict was against the weight of the evidence. As we find the Superior Court employed an incorrect standard of review, and erroneously substituted its own conclusions for those of the jury and the trial court, we hold the Superior Court abused its discretion. Accordingly...

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