Commonwealth v. Rosen, 42 A.3d 988

Rosen murdered Hollie Rosen in 2001; initial trial (2002) included diminished capacity defense with psychiatrists Fink and Michals; Rosen convicted of first-degree murder and life imprisonment; on PCRA, retrial ordered after ineffective-assistance finding; at retrial (2007–2009) controversy over using first-trial psychiatrist evidence despite no mental-health defense; trial court restricted use to impeachment if Rosen testified, which did not occur; Pennsylvania Supreme Court granted review to decide whether limited Fifth Amendment waiver allows Commonwealth to use first-trial evidence as rebuttal in retrial without a mental-health defense at that trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether limited Fifth Amendment waiver allows use of first-trial evidence at retrial with no mental-health defense	Rosen: waiver limits use to rebuttal only for mental-health issues	Commonwealth: Santiago Boyle framework permits broader use as substantive/rebuttal evidence	Yes; waiver permits use as substantive/rebuttal evidence at retrial.

Commonwealth v. Boyle, 498 Pa. 486, 447 A.2d 250 (Pa. 1982) (early waiver of privilege allows prior testimony to be used later)
Commonwealth v. Santiago, 541 Pa. 188, 662 A.2d 610 (Pa. 1995) (psychiatrist-patient privilege waiver at first trial can affect retrial)
Commonwealth v. Morley, 545 Pa. 420, 681 A.2d 1254 (Pa. 1996) (defendant may be compelled to submit to psychiatric exam when mental-infirmity defense raised)
Commonwealth v. Sartin, 561 Pa. 522, 751 A.2d 1140 (Pa. 2000) (limits Commonwealth use of examination results to rebuttal on issues implicated by defendant's expert)
Commonwealth v. Chmiel, 558 Pa. 478, 738 A.2d 406 (Pa. 1999) (waiver principle referenced as governing privilege scope in context of admissibility)
Gibbs v. Frank, 387 F.3d 268 (3d Cir. 2004) (federal第三 circuit on compelled examinations and Miranda-like warnings (not binding on Pa.))