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Commonwealth v. Murphy

April 23, 2009

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
RAHIEM MURPHY, RESPONDENT



Per curiam.

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

AND NOW, this 23rd day of April 2009, the Petition for Allowance of Appeal is GRANTED and the Superior Court's decision, addressing an issue neither raised nor briefed by the parties, is VACATED. Further, the matter is REMANDED to the Superior Court to consider only those issues raised by Respondent and properly preserved for appeal. See Wiegand v. Wiegand, 337 A.2d 256, 258 (Pa. 1975)(holding that the Superior Court cannot consider, sua sponte, issues not raised and litigated in the court below).

Madame Justice Greenspan did not participate in the consideration or decision of this matter.

20090423

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