Opinion
No. 46 MAL 2010.
August 11, 2010.
Petition for Allowance of Appeal from the Order of the Superior Court, No. 46 MAL 2010.
Prior report: Pa.Super., 988 A.2d 146.
ORDER
AND NOW, this 11th day of August, 2010, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:
Whether the limited Fifth Amendment waiver occasioned by a mental health defense in a defendant's first trial allows the Commonwealth to use the evidence obtained pursuant to such waiver as rebuttal in a subsequent trial where no mental health defense is presented.