In Commonwealth v. Luster, the Superior Court vacated the defendant’s convictions for IDSI, unlawful contact with a minor, etc. and remanded the case for a new trial, holding that the Commonwealth’s late notice—the day of trial—of invocation of evidence pursuant to the Tender Years Hearsay Act was unfairly prejudicial. Therefore, the trial court’s erred when it overruled the defendant’s objection and permitted the Commonwealth to introduce the evidence.
