Commonwealth v. Conway

OPINION BY

McEWEN, P.J.E.

Appellant, Robert Conway, appeals from the order of the trial court denying his request to order DNA testing of certain items within the control of the Commonwealth that were obtained in the course of its 1987 investigation and prosecution of appellant on charges of murder and related offenses. We are compelled to reverse.

The germane facts of this case were ably summarized by the learned Judge S. Gerald Corso in the Opinion he filed in response to appellant’s appeal:

I. PROCEDURAL HISTORY

The defendant was arrested on December 12,1986, in connection with the stabbing…