IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
April 23, 2009
COMMONWEALTH OF PENNSYLVANIA, PETITIONER
RAHIEM MURPHY, RESPONDENT
Petition for Allowance of Appeal from the Order of the Superior Court
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.
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