Commonwealth v. Sansone, M.
This text of Commonwealth v. Sansone, M. (Commonwealth v. Sansone, M.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 555 MAL 2024 : Respondent : : Petition for Allowance of Appeal : from the Unpublished v. : Memorandum and Order of the : Superior Court at No. 961 MDA : 2023 entered on October 7, 2024, MICHAEL L. SANSONE, : affirming the PCRA Order of the : Luzerne County Court of Common Petitioner : Pleas at No. CP-40-CR-0002413- : 2016 entered on June 28, 2023
ORDER
PER CURIAM DECIDED: March 18, 2025
AND NOW, this 18th day of March, 2025, Petition for Allowance of Appeal is
GRANTED. Further, the decision of the Superior Court is VACATED and the case is
REMANDED for the Superior Court to reassess Petitioner’s ineffectiveness claim. See,
Commonwealth v. Maconeghy, 171 A.3d 707, 713, 715 (Pa. 2017) (holding “that expert
testimony opining that a child has been sexually abused⎯which is predicated on
witness accounts and not physical findings⎯is inadmissible” and acknowledging “no
material distinction between direct vouching (e.g., “I believe the complainant is telling
the truth’) and indirect vouching (e.g., ‘I conclude that the complainant was sexually
assaulted based upon the history she related.’”)).
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