The state Supreme Court’s recent approval of an adjustment to the Pennsylvania Rules of Evidence that carve out an exception to the hearsay rule for witnesses who feign memory loss at trial after previously providing a statement could be a big win for prosecutors, some defense lawyers are saying.
The rule is largely a codification of case law that has been in place for 25 years, but in addition to aiding prosecutors it may also be aimed at curbing witness intimidation.
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