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Commonwealth1/20/2004
obtain such information without fear of liability, disclosing facts and data to Appellee for the sole purpose of defending his fundamental liberty interests would not in any way affect PennDOT's ability to obtain information.
Accordingly, I would vacate the order of the Superior Court and remand this matter to the trial court for an in camera review of PennDOT's accident investigations and safety studies to determine the facts and data from these materials that must be disclosed to Appellee for the purpose of preparing and presenting his criminal defense.
Mr. Chief Justice Cappy joins.
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