Commonwealth v. Shearer

OPINION BY

HUDOCK, J.:

¶ 1 This is a certified interlocutory appeal taken by the Commonwealth from a pre-trial order compelling a child witness to submit to psychological testing prior to the trial court’s determination of whether the child is competent to testify in court.1 We quash.

¶ 2 In November of 1999, James Alvin Shearer, Sr. (Appellee) was charged with sexually assaulting a four year old boy. On August 11, 2000, the Commonwealth filed a notice as required by the Tender Years Hearsay Act2 that the prosecutor intends to offer into evidence a taped interview with the child that was…