Capital Appeal • Scope of Search Warrant • Evidence of Refusal to Submit DNA

Commonwealth v. Chapman, PICS Case No. 16-0431 (Pa. March 29, 2016) Saylor, J. (14 pages).

The trial court erred in permitting the prosecution to support a prior offender aggravator in the penalty phase of a capital case with offenses committed in New Jersey, where New Jersey did not classify offenses as misdemeanors or felonies. Judgment of sentence reversed, case remanded for resentencing.