In Re: Payne, J., III Appeal of: Com. of Pa

OPINION BY

BENDER, P.J.E.:

Herein, the Commonwealth appeals from the trial court’s order granting John Marshall Payne Ill’s request for DNA testing of physical evidence taken from the crime scene of the homicide for which Payne was convicted of second-degree (felony) murder and. related offenses. The Commonwealth contends the trial court erred when it found that there was a reasonable probability that the results of the testing could demonstrate Payne’s “actual innocence,” as is necessary to assert a successful claim under the DNA testing statute, 42 Pa.C.S. § 9543.1. Specifically, the…