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COMMONWEALTH v. BROWN

Nos. 40 EAP 2016, 41 EAP 2016.

185 A.3d 316 (2018)

COMMONWEALTH of Pennsylvania, Appellant v. Darnell BROWN, Appellee. Commonwealth of Pennsylvania, Appellee v. Darnell Brown, Appellant.

Supreme Court of Pennsylvania.

Decided: June 1, 2018.

Attorney(s) appearing for the Case

Anthony James Carissimi, Esq. , Lawrence Jonathan Goode, Esq. , Philadelphia District Attorney's Office, Philadelphia, for Commonwealth of Pennsylvania, Appellant.

Jules Epstein, Esq. , Philadelphia, Jay Samuel Gottlieb, Esq. , for Brown, Darnell, Appellee.

Justice Dougherty delivers the Opinion of the Court with respect to Sections I through IV(A) and announces the Judgment of the Court with respect to Sections IV(B) through VI. Justices Baer and Todd join the Opinion in full. Chief Justice Saylor, Justice Donohue, Justice Wecht and Justice Mundy join only Sections I through IV(A) and do not join Sections IV(B) through VI.

OPINION

In these consolidated discretionary cross-appeals we consider whether an autopsy report is testimonial in nature, such that the report's author must appear as a witness subject to cross-examination at a criminal trial for murder when the report is introduced as evidence substantiating the...

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