IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 17 EAL 2024 : Petitioner : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : JAMES SMITH, : : Respondent :

ORDER

PER CURIAM AND NOW, this 23rd day of July, 2024, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by the Commonwealth, is: Did the Superior Court override this Court’s controlling legal standard by holding that the evidence was insufficient to establish a prima facie case that defendant[s], [ ] off-duty police officer[s], committed simple assault, criminal conspiracy, and reckless endangerment, where the co- defendants … accused a [pedestrian] of breaking into cars, chased him as he ran for help, and slammed him into a pillar⎯injuring his head, arms, and legs?

Justice McCaffery did not participate in the consideration or decision of this matter.