Opinion
No. 759 MAL 2008.
August 17, 2009.
Petition for Allowance of Appeal No. 759 MAL 2008 from the Order of the Superior Court.
Prior Report: Pa.Super., 959 A.2d 1272.
ORDER
AND NOW, this Nth day of August, 2009, the Petition for Allowance of Appeal is hereby GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, rephrased for clarity, are:
1. Whether the trial court's decision to allow the deliberating jury to listen to playback of audio-recorded trial testimony outside the defendant's presence violated Pa. R.Crim.P. 602.
2. Whether the trial court's decision to allow the jury to listen to playback of audio-recorded trial testimony in the deliberation room violated Pa.R.Crim.P. 646.