| COMMONWEALTH OF PENNSYLVANIA v. DARYL J. BOICH No. 1856 MDA 2006 2009 PA Super 195 Atlantic: 982 A.2d 102 Filed: 10/6/2009 | |
| Appeal from the Order entered October 5, 2006 In the Court of Common Pleas of Luzerne County Criminal, No. CP-40-CR-0000024-2006 | |
| Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN*, KLEIN, BENDER, BOWES, GANTMAN, AND SHOGAN, JJ. | |
| Opinion by: GANTMAN, J. | |
| Dissenting Opinion by: KLEIN, J. | |
| Appellant, the Commonwealth of Pennsylvania, appeals from the order entered in the Luzerne County Court of Common Pleas, which granted the pre-trial motion of rape defendant Appellee, Daryl J. Boich, to direct the adult rape complainant (“C.U.”) to submit to an involuntary psychiatric examination for purposes of deciding her competency to testify at trial. The Commonwealth asks whether the court erred when it found compelling reasons to grant Appellee’s request. We hold the court erred when it ordered an involuntary psychiatric examination of C.U. on the grounds alleged. Accordingly, we reverse and remand for further proceedings. | |
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