IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 357 EAL 2016
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
DARNELL BROWN, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 14th day of December, 2016, the Petition for Allowance of
Appeal is GRANTED. The issues, as stated by petitioner, are:
(1) Because an autopsy report constitutes testimonial hearsay, does
not use of that report by another expert as the basis of his own
opinion violate the Sixth Amendment guarantee of the right of
Confrontation?
(2) Because Rule 703 allows an expert to use inadmissible evidence to
form an opinion but does not allow that inadmissible evidence to be
used for its truth, did not the Superior Court err in concluding that
Rule 703 permitted the testimony in this case where the testifying
expert’s opinion has relevance and probative value only if the report
he relied on is true?