Supreme Court of Pennsylvania, 2012

Commonwealth v. Walter

Commonwealth v. Walter
Supreme Court of Pennsylvania · Decided June 27, 2012
616 Pa. 163; 46 A.3d 1286; 2012 WL 2403674; 2012 Pa. LEXIS 1418

Commonwealth v. Walter

Opinion of the Court

ORDER

PER CURIAM.

AND NOW, this 27th day of June, 2012, the Petition for Allowance of Appeal is GRANTED on the following issues, as stated by Petitioner:

(1) Did the Superior Court err in holding that, before a trial court may admit a child’s statements pursuant to the Tender Years Act, the court must first conclude that the child is competent to testify?
(2) Did the Superior Court err in determining that the trial court abused its discretion by admitting the child victim’s out-of-court statements under the Tender Years Act, where the trial court found sufficient indicia of reliability such that the child was likely to have been telling the truth when the statements were made?

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