COMMONWEALTH v. KUNCO

No. 395 WDA 2017.

173 A.3d 817 (2017)

2017 PA Super 345

COMMONWEALTH of Pennsylvania, Appellant v. John KUNCO.

Superior Court of Pennsylvania.

Filed November 3, 2017.


Attorney(s) appearing for the Case

James R. Hopson , Assistant District Attorney, Greensburg, for Commonwealth, appellant.

Wendy L. Williams , Pittsburgh, and Karen Thompson , New York, New York, for appellee.

BEFORE: STABILE, SOLANO, and FITZGERALD, JJ.


The Commonwealth appeals from an order granting the motion of Appellee, John Kunco, for post-conviction DNA testing in this sexual assault case pursuant to 42 Pa.C.S. § 9543.1. The Commonwealth argues that the evidence in support of Appellee's motion does not present a prima facie case of actual innocence....

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