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Commonwealth v. Jackson

Order compelling discovery reversed because Rules of Criminal Procedure do not contemplate or authorize the filing of a contested discovery motion or order prior to the defendant's preliminary hearing.

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� 1 The Commonwealth of Pennsylvania appeals from the Order of the trial court, which granted Appellee Paul E. Jackson, Jr.’s (“Jackson”) Motion to compel discovery. We reverse the Order of the trial court.

� 2 The trial court summarized the facts underlying the instant appeal as follows:

On August 16, 2000, [Jackson] was charged with criminal homicide [and] murder, two counts of aggravated assault, and possessing instruments of a crime. *fn1 [Jackson] was [preliminarily] arraigned on these charges on August 16, 2000. On September 6, 2000, during a telephone conversation with the assigned prosecutor, . . . defense counsel made a request for discovery of the arrest reports and additional investigative information. The request was based upon the need for the information as part of an independent psychiatric and psychological evaluation to be conducted on [Jackson,] which was scheduled for September 25, 2000, as well as for trial preparation. [The prosecutor], on behalf of the Commonwealth, refused to provide the requested information.

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