IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT M.D. Appeal Dkt.
63 MAP 2017
COMMONWEALTH OF PENNSYLVANIA, : No. 345 MAL 2017
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
ERIC EUGENE SMALL, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 17th day of October, 2017, the Petition for Allowance of Appeal
is GRANTED. The issue, rephrased for clarity, is:
Whether the Superior Court erred in reversing the PCRA
court’s grant of a new trial based on after-discovered
evidence by finding that Tyson’s testimony was merely
cumulative and corroborative of the exculpatory evidence
presented at Petitioner’s trial?