Sapp v. Commonwealth

In this appeal, we consider whether the trial court abused its discretion by admitting into evidence prior testimony given at a preliminary hearing by two witnesses who did not wish to testify at trial and were therefore deemed “unavailable.”

I. Facts and Proceedings Below

Dequan Shakeith Sapp (“Sapp”) was charged with robbery, malicious wounding, and two counts of use of a firearm in the commission of those felonies. The victim, Billy W. Perkins, Jr. (“Perkins”), and a witness to the crimes, Sean McClellan (“McClellan”), testified at the preliminary hearing in general district court and were…