In Commonwealth v. McFalls, the defendant appealed her conviction at a bench trial on the charge of DUI and her conviction by a jury on the charges of aggravated harassment by a prisoner and institutional vandalism. The Pennsylvania Superior Court affirmed. First, the Court held that the trial court properly quashed the defendant’s subpoena because it was overly broad and failed to articulate a reasonable basis for the request. The subpoena sought the Norristown Police Dept.’s guidelines and training materials. Second, the Court ruled that the defendant waived her claim that the trial court violated Pa.R.Crim.P. 646(B)(1) when the court failed to give the jury a written copy of the defense of necessity charge for review during deliberations.
