Friday, April 25, 2008

Commonwealth v. Johnson

Defendant was arrested for murder as a result of a statement made by child witness 13 years after crime occurred. The Court of Common Pleas of Philadelphia County, criminal Division. No. CP 93-11-2197-2200. L. Davis, removed defendant's counsel for violating court order regarding discovery of witness’s privileged mental health records. Defendant appealed. The Superior Court, No. 2907 Philadelphia 1994, 444 PaSuper. 153, 663 A.2d 720, affirmed. Commonwealth petition for allowance of appeal. The Supreme Court, No. 23 }LD. Appeal Docket 1996, Nigro, 3., in a matter of first impression, held that trial court’s disqualification order was an interlocutory order and was not immediately appealable.

Reversed and remanded.

Zappala, J., filed a dissenting opinion, in which Flaherty,C.J., joined.