Commonwealth v. Eckerle
Annotate this CaseWilliam Bennett was indicted for first-degree assault and first-degree wanton endangerment. Bennett moved for dismissal of his indictment contending that he acted in self-defense. Bennett also requested a hearing so that the trial judge could view a videotape of the encounter that led to the criminal charges. A senior judge denied the motion to dismiss. On reconsideration and without viewing the videotape or other evidence, Hon. Audra J. Eckerle (Respondent) set aside the senior judge’s order and scheduled an evidentiary hearing on immunity at which witnesses, including the victims, were to appear and testify. The Commonwealth sought a writ. The Supreme Court granted a writ, holding (1) Respondent erred in not considering the evidence of record to determine if there was probable cause to believe the force Bennett used was unlawful; and (2) a writ was appropriate under the circumstances of this case.
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