IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 13 WAL 2020
:
Respondent :
: Petition for Allowance of Appeal
: from the Order of the Superior Court
v. :
:
:
JOSHUA WARDLAW, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 8th day of June, 2020, the Petition for Allowance of Appeal is
GRANTED. The issue, as stated by petitioner, is:
Whether the Superior Court erred as a matter of law in quashing as
interlocutory Mr. Wardlaw’s appeal where it was properly taken as of right
pursuant to Pa.R.A.P. 311(a)(6); Commonwealth v. Chenet, 373 A.2d 1107
(Pa. 1977) and Commonwealth v. Liddick, 370 A.2d 729 (Pa. 1977) make
clear than an interlocutory order denying a motion in arrest of judgment,
based on a claim of insufficient evidence when a new trial has been granted
is immediately appealable; and Commonwealth v. McPherson, 533 A.2d
1060 (Pa. Super. 1987)(Per curiam), relied upon by the Superior Court, is
plainly inapposite