Commonwealth v. Wardlaw, J.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 13 WAL 2020 :

Respondent :

: Petition for Allowance of Appeal : from the Order of the Superior Court v. :

: :

JOSHUA WARDLAW, :

:

Petitioner :

ORDER

PER CURIAM

AND NOW, this 8th day of June, 2020, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by petitioner, is:

Whether the Superior Court erred as a matter of law in quashing as interlocutory Mr. Wardlaw’s appeal where it was properly taken as of right pursuant to Pa.R.A.P. 311(a)(6); Commonwealth v. Chenet, 373 A.2d 1107 (Pa. 1977) and Commonwealth v. Liddick, 370 A.2d 729 (Pa. 1977) make clear than an interlocutory order denying a motion in arrest of judgment, based on a claim of insufficient evidence when a new trial has been granted is immediately appealable; and Commonwealth v. McPherson, 533 A.2d 1060 (Pa. Super. 1987)(Per curiam), relied upon by the Superior Court, is plainly inapposite