Habeas corpus • Hearsay Evidence • Pa. Rules of Criminal Procedure 542(E)

Commonwealth v. Schulze, PICS Case No. 16-1330 (C.P. Lackawanna Oct. 4, 2016) Nealon, J. (memorandum) (25 pages).

Defendant in a criminal homicide action filed a pretrial motion seeking habeas corpus on grounds of insufficient evidence, dismissal of all charges, and quashal of the first count for failing to specify the charges against him. The court found that the state had established a prima facie case of first-degree and third-degree murder. Following discussion of the insufficiency of defendant’s objections, the motion was denied.