Commonwealth v. McCandless

GANTMAN, J.:

¶ 1 The Commonwealth of Pennsylvania appeals the pretrial order entered in the Philadelphia County Court of Common Pleas, which granted Appellee Thomas McCandless’ motion in limine to exclude the preliminary hearing testimony of an unavailable Commonwealth witness at Ap-pellee’s retrial. Specifically, the trial court determined Appellee had been denied a full and fair opportunity to cross-examine the witness at Appellee’s preliminary hearing. The case is now before us on remand from our Supreme Court “for a determination by the [C]ourt as to whether the Commonwealth waived…