Commonwealth v. Jacoby, T., Aplt. (concurring/dissenting)

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[J-58-2016] [MO: Wecht, J.] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Appellee v. TIMOTHY MATTHEW JACOBY, Appellant : : : : : : : : : : : No. 709 CAP Appeal from the Judgment of Sentence imposed on October 9, 2014 in the Court of Common Pleas, York County, Criminal Division at No. CP-67-CR0006857 SUBMITTED: May 10, 2016 CONCURRING AND DISSENTING OPINION JUSTICE DONOHUE DECIDED: September 28, 2017 I join the Majority’s reasoning and disposition with respect to all of Jacoby’s issues, except with respect to part VIII, on which I join in Chief Justice Saylor’s Dissenting Opinion with respect to the denial of Jacoby’s request for a Frye hearing on the subject of Y-STR DNA testing. For this reason, I would reverse the trial court’s ruling.

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