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A Wilkes-Barre man convicted by a Luzerne County jury in 2017 of methamphetamine production related offenses is one step closer to a new trial.
				The state Supreme Court in a narrow 4-3 ruling Thursday ordered the case of Eric Yale, 33, to be reviewed by Luzerne County Judge David W. Lupas, who presided over his September 2017 trial.
				A jury convicted Yale on charges of possession with intent to manufacture a controlled substance, risking a catastrophe and possession of drug paraphernalia.
				Lupas sentenced Yale to five years, nine months to 12 years, two months in prison followed by six months probation. Yale is currently housed at the State Correctional Institution at Benner Township, Centre County.
				Yale was arrested by Wilkes-Barre police when they assisted U.S. Marshals in executing an arrest warrant at a city residence targeting Larry K. Thompson, 39, on March 21, 2017.
				As authorities arrested Thompson, a city police officer discovered methamphetamine being manufactured in Yale&rsquo;s bedroom, court records say.
				Thompson pleaded guilty to possession with intent to manufacture a controlled substance and was sentenced to five to 10 years in prison.
				Yale&rsquo;s conviction was upheld on appeal by the state Superior Court. He then appealed to the state Supreme Court.
				In a 40-page majority opinion written by Justice Christine Donohue, Yale was given a reprieve to have his case reviewed by Lupas for a new trial.
				Yale argued his trial lawyer, Michael Kostalaba, should had been allowed to use &ldquo;evidence of a third person&rsquo;s guilt&rdquo; during his trial. In this case, Yale was prohibited from using Thompson&rsquo;s previous convictions for manufacturing methamphetamine in his favor.
				Yale was aware methamphetamine was being manufactured in the bedroom but claimed Thompson was behind the production.
				&ldquo;The lower courts abused their discretion by applying an erroneous standard of admissibility. When evidence of third person guilt is offered by a defendant, the standard is not the same as the one applied when (prosecutors) seeks to establish a defendant&rsquo;s guilt. We therefore reverse the order of the Superior Court &#8230; with instructions to remand to the trial court for a ruling on the admissibility of the third person guilt evidence. If the trial court determines that Yale&rsquo;s third person guilt evidence is admissible, Yale would be entitled to a new trial,&rdquo; Donohue wrote in the majority opinion.
				Justices Thomas G. Saylor, Kevin M. Dougherty and Sallie Updyke Mundy filed dissenting opinions.
				Attorney Robert Buttner is handling Yale&rsquo;s appeal.

Appellate court orders hearing for convicted Wilkes-Barre man