Citation Codes Equivalent Citations citation codes Docket Number No. 46 MAL 2010. See more information ... Smart Summary Please sign up to generate summary. COMMONWEALTH of Pennsyl v. nia, Respondent ORDER PER CURIAM. AND NOW, this 11th day of August, 2010, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is: Whether the limited Fifth Amendment waiver occasioned by a mental health defense in a defendant's first trial allows the Commonwealth to use the evidence obtained pursuant to such waiver as rebuttal in a subsequent trial where no mental health defense is presented.