Commonwealth v. Hemingway

OPINION BY

DONOHUE, J.:

The Commonwealth of Pennsylvania appeals from the order of the Court of Common Pleas, Clearfield County, precluding 34 of the Commonwealth’s witnesses from testifying at the trial of defendants Maha-raji Hemingway, Michael Charles Gear-hart, Michael Clair Styers, Charles R. Gearhart, and Kenneth Vernon Smeal, as a result of the Commonwealth’s failure to provide the defendants with transcripts of the witnesses’ grand jury testimony in accordance with an agreement reached on February 27, 2009. We reverse and remand.

On December 20, 2006, at the request of the Attorney…