COMMONWEALTH OF PENNSYLVANIA v. ANTHONY ABRUE

COMMONWEALTH OF PENNSYLVANIA v. ANTHONY ABRUE No. 2502 EDA 2007 2010 PA Super 196 Atlantic: n/a Petition for Reargument Filed 11/8/2010 Filed: 10/25/2010
	Appeal from the Judgment of Sentence dated September 4, 2007 Court of Common Pleas, Philadelphia County, Criminal Division at No. CP-51-CR-0006091-2007
Before: GANTMAN, DONOHUE, JJ. and McEWEN, P.J.E.
Opinion by: DONOHUE, J.
Anthony Abrue (“Abrue”) appeals from the judgment of sentence dated September 4, 2007 following his conviction on charges of simple assault [18 Pa.C.S.A. §§ 2701] and resisting arrest [18 Pa.C.S.A. §§ 5104]. In a prior memorandum decision, this Court denied all of the issues raised in Abrue’s direct appeal. After granting Abrue’s petition for allowance of appeal, however, our Supreme Court vacated this Court’s order insofar as it disposed of his contention that the trial court’s evidentiary decisions violated his constitutional rights under the Confrontation Clause in the Sixth Amendment to the United States Constitution. Our Supreme Court instructed that we consider on remand the Confrontation Clause claim in light of its decision in Commonwealth v. Allshouse, -- Pa. --, 985 A.2d 847 (2009). Having performed a review in light of Allshouse and the United States Supreme Court’s decisions from which it emanates, we reverse the judgment of sentence and remand to the trial court for further proceedings consistent with this decision.

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