Opinion
No. 309 EAL 2009.
February 25, 2009.
Petition for Allowance of Appeal from the Order of the Superior Court, No. 309 EAL 2009.
Prior report: Pa.Super., 970 A.2d 464.
ORDER
AND NOW, this 25th day of February, the Petition for Allowance of Appeal is GRANTED with respect to the following issues, rephrased for clarity:
(1) Whether Petitioner's conviction supported solely by out-of-court statements recanted at trial violates the guarantees of due process provided by the Fourteenth Amendment to the United States Constitution or Article I, Section 1 of the Pennsylvania Constitution?
(2) Whether codefendant Walker's statements exculpating Petitioner constituted "statements against interest" and thus were admissible under Pa.R.E. 804(b)(3)?