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Commonwealth v. Galloway

Court did not err when, having barred untimely disclosed inculpatory evidence from the Commonwealth's case-in-chief, it revised its ruling after the close of the Commonwealth's case to allow for the admission of the evidence in rebuttal if, and only if, the defense attempted to show that defendant was not present on the night of the crime.

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J. A06043/01

�1 In this appeal, we are asked to determine whether the mid-trial allowance of inculpatory evidence, that was untimely disclosed in violation of the rules governing pretrial discovery and inspection, constitutes an abuse of discretion under Pa.R.Crim.P. 305. Here, the trial court barred the Commonwealth from introducing such evidence in its case-in-chief. After the close of the Commonwealth’s case, the court revised its ruling to allow for the admission of evidence in rebuttal if, and only if, the defense attempted to show that the defendant was not present on the night of the crime. We hold that a trial court does not abuse its discretion when fashioning a remedy under Rule 305(E), when the revised preclusion order does not prejudice the defendant’s right to a fair trial.

�2 Denard Galloway appeals from the judgment of sentence entered following his convictions for first degree murder, robbery, criminal conspiracy to commit homicide, and criminal conspiracy to commit robbery. Galloway claims that he should be granted a new trial due to trial court error in conditionally permitting the introduction of inculpatory testimony, the prosecution’s prejudicial closing remarks, and the introduction of a bloodstained shirt worn by the victim. For the following reasons, we affirm.

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