IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 391 WAL 2018
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
JAMES CALVIN HAMLETT, JR., :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 13th day of February, 2019, the Petition for Allowance of Appeal
is GRANTED. The issue, rephrased for clarity is:
Can the tension between the well-settled rule that the Commonwealth
bears the burden of demonstrating harmless error beyond a
reasonable doubt and the contradictory principle that an appellate
court has the ability to affirm a valid judgment or verdict for any reason
appearing as of record be reconciled? If these conflicting principles
must be reconciled in favor of the Commonwealth proving
harmlessness beyond a reasonable doubt, did the Superior Court err
in finding harmless error sua sponte?