Commonwealth v. Broomes

Summary

The Pennsylvania Superior Court quashed the Commonwealth’s interlocutory appeal from an order denying its motion in limine. The motion sought to preclude the defendant from cross-examining the alleged domestic-violence victim about withdrawn theft and identity-theft charges arising from withdrawals from the defendant’s accounts. The court held that Pennsylvania Rule of Appellate Procedure 311(d) does not authorize a Commonwealth appeal from an order denying a motion to preclude defense evidence.

Holdings

1. Pennsylvania Rule of Appellate Procedure 311(d) does not authorize the Commonwealth's interlocutory appeal from an order denying a motion to preclude defense evidence, even when the Commonwealth certifies in good faith that the order will substantially handicap or terminate the prosecution.

Questions Presented

1. Whether the Commonwealth may take an interlocutory appeal as of right under Pennsylvania Rule of Appellate Procedure 311(d) from an order denying its motion in limine to preclude defense evidence concerning the alleged victim's prior arrest and withdrawn charges.

Disposition

quashed