IN RE PAYNE

No. 1113 MDA 2013

129 A.3d 546 (2015)

2015 PA Super 272

In re John Marshall PAYNE, III. Appeal of Commonwealth of Pennsylvania.

Superior Court of Pennsylvania.

Filed December 29, 2015.


Attorney(s) appearing for the Case

Stephanie E. Lombardo , Assistant District Attorney, York, for Commonwealth, appellant.

Scott A. McCabe , York, for appellee.

Judge ALLEN did not participate in the consideration or decision of this case.


Herein, the Commonwealth appeals from the trial court's order granting John Marshall Payne III's request for DNA testing of physical evidence taken from the crime scene of the homicide for which Payne was convicted of second-degree (felony) murder and related offenses. The Commonwealth contends the trial court erred when...

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