COMMONWEALTH v. WALTER

No. 53 MAP 2012

93 A.3d 442 (2014)

COMMONWEALTH of Pennsylvania, Appellant v. Jay Lee WALTER, Sr., Appellee.

Supreme Court of Pennsylvania.

Decided February 18, 2014.


Attorney(s) appearing for the Case

Lauren Elizabeth Sulcove , Matthew Drew Fogal , Franklin County District Attorney's Office, Chambersburg, for Appellant.

Stephen D. Kulla , Kulla, Barkdoll, Ullman and Painter, P.C., Waynesboro, for Appellee.

Brian Clark Borman , Chambersburg, for Amicus Curiae Pennsylvania Children and Youth Solicitors Ass'n.

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


OPINION

Justice TODD.

In this appeal by the Commonwealth, we consider whether the Superior Court erred in holding the trial court was required to determine that the child victim was competent to testify under Pa.R.E. 601 prior to admitting her out-of-court statements into evidence pursuant to the Tender Years Hearsay Act ("TYHA"), 42 Pa.C.S.A. § 5985.1. We hold that a determination of a child's competency...

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