Commonwealth v. Choice

DISSENTING OPINION BY

KLEIN, J.:

¶ 1 The majority relies on language in Commonwealth v. Dennis, 552 Pa. 331, 715 A.2d 404 (1998), for the principle that something cannot be considered after-discovered evidence justifying a new trial unless “the evidence will not be used solely for purposes of impeachment.” Id. at 415. I do not believe this is a correct statement of the law no matter how much it has been blindly quoted in the cases. I would reverse and remand for a hearing on whether the evidence could have been discovered before trial by reasonable diligence.

¶ 2 The full quote, recently cited…