Commonwealth v. Yohe

OPINION

Justice BAER.

George William Yohe, II, (Appellant) appeals from the Superior Court order that reversed the trial court’s order awarding a new trial on the ground that his constitutional right of confrontation was violated. We agree with the Superior Court that Appellant’s constitutional right of confrontation was not violated at trial because the testifying witness was not a “surrogate witness,” as Appellant argues. Rather, as discussed below, the witness was the author of the testimonial statement offered into evidence and, therefore, was an appropriate witness under the Confrontation…