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Commonwealth v. Rosen

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


August 11, 2010

COMMONWEALTH OF PENNSYLVANIA, RESPONDENT
v.
ADAM ROSEN, PETITIONER

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

Per curiam.

ORDER

AND NOW, this 11th day of August, 2010, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:

Whether the limited Fifth Amendment waiver occasioned by a mental health defense in a defendant's first trial allows the Commonwealth to use the evidence obtained pursuant to such waiver as rebuttal in a subsequent trial where no mental health defense is presented.

20100811

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