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COM. v. CASTRO

No. 19 EAP 2013

93 A.3d 818 (2014)

COMMONWEALTH of Pennsylvania, Appellant v. Jose CASTRO, Appellee.

Supreme Court of Pennsylvania.

Decided June 16, 2014.

Attorney(s) appearing for the Case

Hugh J. Burns Jr., Esq. , Mary L. Huber, Esq. , Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.

Karl Baker, Esq. , Bradley Steven Bridge, Esq. , Owen W. Larrabee, Esq. , Defender Association of Philadelphia, for Jose Castro.

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

OPINION

Justice EAKIN.

In this appeal, we are asked to determine whether a newspaper article submitted as the sole support for a motion for new trial on the basis of after-discovered evidence warrants the grant of a hearing. Finding allegations in an article do not constitute evidence, we reverse the Superior Court's order remanding for a hearing on appellee's after-discovered evidence claim.

Trial testimony established that on March 11, 2008...

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