Commonwealth, Aplt v. Koch, A.

ORDER

AND NOW, this 30th day of December, 2014, the Court being evenly divided, the Order of the Superior Court is AFFIRMED.

Chief Justice CASTILLE files an opinion in support of affirmance in which Justices BAER and TODD join. Justice SAYLOR files an opinion in support of reversal. Justice EAKIN files an opinion in support of reversal in which Justice STEVENS joins. Chief Justice CASTILLE,

in support of affirmance.

This discretionary appeal concerns the proper manner in which cell phone text messages can be authenticated and whether and when such messages are inadmissible hearsay. The trial…