In Commonwealth v. Lambert, defense counsel filed a motion for a writ of habeas corpus after the defendant’s preliminary hearing. At the motion’s hearing, the Commonwealth did not present any evidence and asserted that the Commonwealth was entitled to rely on “what happened at the preliminary hearing.” The trial court granted the writ and dismissed the charges. The Commonwealth appealed, and the Pennsylvania Superior Court affirmed. Because the preliminary hearing was not transcribed, the Commonwealth was required to present evidence to prove a prima facie case of the elements of the crimes charged. When the Commonwealth failed to present evidence to prove a prima facie case, the trial court properly granted the habeas corpus motion.
