Commonwealth v. Ruby

¶ 1 The Commonwealth appeals the order of the trial court entered November 15, 2002 which granted the petition for writ of habeas corpus filed by Appellee Christine Ruby. We affirm. The relevant facts and procedural history are as follows.

¶ 2 The facts of this case are undisputed. Christine Ruby lived in a well maintained home on Market Street in Beaver County with her husband and three children. On July 30, 2002, Ms. Ruby picked up the two older children from gymnastics class, shopped at the fruit market, returned home and was preparing the children’s lunch when twenty-one month old Alex…