The Pennsylvania Superior Court heard the Commonwealth’s appeal from the lower court’s order dismissing the prosecution at the preliminary hearing level for failure to establish the crimes. Initially, the Court sidestepped an interesting question: Under McClelland, at a refile-level preliminary hearing, can the Commonwealth establish its case with the transcript from the earlier live hearing? The Court held that the defendant did not object to the use of the evidence at the refile hearing, so he waived the issue. As to the merits, the Court reversed, finding the lower court applied the incorrect standard and based its ruling on weight as well as credibility determinations.
