August 29, 2014
COMMONWEALTH OF PENNSYLVANIA, Respondent
HUGO MARCUS SELENSKI, Petitioner
Petition for Allowance of Appeal from the Published Opinion and Order of the Superior Court at No. 352 EDA 2010, at 2011 PA Super. 83, 18 A.3d 1229 (Pa. Super. 2011) filed April 20, 2011, affirming the Judgment of Sentence of the Monroe County Court of Common Pleas at No. CP-45-CR-0001225-2006 filed September 21, 2009.
AND NOW, this 29th day of August, 2014, the Petition for Allowance of Appeal is GRANTED, LIMITED TO Petitioner's first issue, as stated by Petitioner:
Does the constitutional right to present a defense include the right to offer proven science bearing on the understanding of human memory and perception, and police practices in the identification process, where those advances are unknown to laypersons?
Further, the Superior Court's order affirming the judgment of sentence is VACATED, and the matter is REMANDED to the Superior Court for further consideration in light of Commonwealth v. Walker, 92 A.3d 766, 2014 WL 2208139 (Pa. 2014). In all other respects, the Petition for Allowance of Appeal is DENIED.