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stating that by definition, the term "shall' is mandatory
Summary of this case from Com. v. JacksonOpinion
July 16, 1997.
Petitioner 0036 Western District Allocatur Docket 1997 Petition for Allowance of Appeal from the Superior Court.
ORDER
AND NOW, this 16th day of July, 1997, the Petition for Allowance of Appeal is hereby GRANTED, BUT LIMITED to the following issue:
whether the Super. Ct. erred in holding that the evidence should not be suppressed where the affidavit in support of the search warrant contained false statements about the reliability of the confidential informant, and whether counsel was ineffective for failure to move to suppress.
Additionally, this case is hereby REMANDED to the trial court so that a hearing may be conducted to determine whether the false information in question was knowingly included in the affidavit in support of the search warrant. Jurisdiction relinquished.