Commonwealth v. Ricker, D., Aplt.

DISSENTING STATEMENT

JUSTICE WECHT

The Court dismisses this appeal as improvidently granted, because a majority of Justices now have concluded that the case presents a poor vehicle by which to review the use of hearsay evidence at preliminary hearings. The Court has determined that, because the Commonwealth introduced some non-hearsay evidence at David Rick-er’s preliminary hearing, we should await a case in which the issue is more suitably presented. I respectfully disagree.

The Commonwealth’s prima fade case was premised upon, and, for all practical purposes constructed entirely by, Trooper…