Commonwealth v. Rouse

Where defendant issued a check for auto repair that bounced, judgment of sentence vacated; trial court erred in excluding evidence of consumer civil action brought by defendant against payee because such evidence was relevant to demonstrate victim's possible bias.

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OPINION

� 1 In this appeal, Lisa Rouse (Appellant) appeals from the judgment of sentence imposed by the trial court following her conviction of issuing a bad check in violation of 18 Pa.C.S.A. � 4105. *fn1 For the reasons set forth below, we vacate the judgment of sentence and remand for further proceedings. Before addressing the merits of Appellant’s claims, we will recount the pertinent facts giving rise to this appeal.

� 2 This matter arose from a dispute regarding an automobile repair contract between Appellant and the victim, Michael Seeback. Appellant allegedly issued a bad check to the victim and was subsequently charged with a violation of 18 Pa.C.S.A. � 4105(a)(1). On the eve of the trial, the Commonwealth filed a motion in limine requesting the exclusion of any evidence relating to the automobile repair contractual dispute as well as the civil action that arose therefrom. The trial court granted the motion and prohibited Appellant from introducing such evidence.

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Commonwealth v. Rouse

Where defendant issued a check for auto repair that bounced, judgment of sentence vacated; trial court erred in excluding evidence of consumer civil action brought by defendant against payee because such evidence was relevant to demonstrate victim's possible bias.

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