Commonwealth v. Melvin, 79 A.3d 1195

Orie Melvin was convicted on multiple counts on Feb. 21, 2013, including theft of services, conspiracy, misapplication of entrusted property, and tampering with evidence; sentencing occurred May 7 and was modified May 14, 2013.
The sentence imposed three consecutive terms of one year of county intermediate punishment (house arrest with electronic monitoring) followed by two years of probation.
As a condition of county intermediate punishment, she was required to write letters of apology to all sitting judges and justices in Pennsylvania and to former staff of her sister, former state senator Jane Orie, with the letters to be written on a photo taken while she wore handcuffs.
The court additionally required handwriting on the front of a courtroom photographer’s picture and included various other restrictions (e.g., DNA registration, removal from the bench, prohibition on using certain terms).
Orie Melvin moved for a stay arguing the apology letters violated her Fifth Amendment privilege against self-incrimination during the pendency of her direct appeal; the trial court did not issue a timely ruling, and she filed an Application for Stay on Sept. 27, 2013.
Rule 1732 governs stays pending appeal and the appellate court must determine whether the applicant has shown a substantial case on the merits, irreparable harm, no substantial harm to others, and no adverse public impact; the panel found the trial court effectively denied the stay and proceeded to merits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the apology-letter requirement violates the privilege against self-incrimination during the direct-appeal pendency.	Orie Melvin argues the letters could expose her to self-incrimination.	Commonwealth contends the letters are non-incriminating due to court guidance that they may not be used in evidence.	Stay granted; privilege could be compromised during appeal.
Whether the stay standards under Maritrans were satisfied to grant a stay of the apology-letter requirement.	Orie Melvin contends irreparable harm without a stay.	Commonwealth argues no irreparable harm and that stay is unwarranted.	Yes; substantial case on the merits and irreparable harm shown; public/other harms not demonstrated.
Whether the trial court’s admonition that letters and photos may not be used against her defeats the privilege.	Orie Melvin asserts the admonition is insufficient to protect rights.	Commonwealth relies on the court’s advisory statement.	Admonition insufficient to foreclose risk; stay upheld.
Whether Orie Melvin waived the privilege by an earlier court statement of apology to her children.	Orie Melvin did not admit guilt; no waiver.	Commonwealth cites Mitchell v. United States for waiver principles.	Not a waiver; privilege persists during pendency.

Commonwealth v. Rodgers, 472 Pa. 435, 372 A.2d 771 (Pa. 1977) (accepts continued privilege pending potential retrial on appeal)
Commonwealth v. Strickler, 481 Pa. 579, 393 A.2d 313 (Pa. 1978) (retains privilege after guilty plea due to possible invalidation or reversal)
Commonwealth v. Arroyo, 555 Pa. 125, 723 A.2d 162 (Pa. 1999) (Pennsylvania constitutional privilege mirrors Fifth Amendment protections)
Commonwealth v. Knoble, 615 Pa. 285, 42 A.3d 976 (Pa. 2012) (privilege protections apply to direct-appeal contexts)
Crandell v. Louisiana State Penitentiary, 2013 WL 4782818 (W.D. La. 2013) (federal view: privilege valid during pending direct appeal (not a reporter, included for context))