Commonwealth v. King

OPINION BY

FITZGERALD, J.:

The Commonwealth appeals under Pa. R.A.P. 313 from an order precluding it from interviewing Appellee Jerome King’s trial counsel (“trial counsel”) ex parte in advance of a Post Conviction Relief Act (“PCRA”)1 hearing. The- Commonwealth claims it has the right to interview trial counsel before the hearing because Appel-lee’s claim of ineffective assistance constitutes a waiver of the attorney-client and work-product privileges. We conclude that we have jurisdiction to decide this appeal under the collateral order doctrine embodied in Rule 313. We further hold that any…