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Commonwealth v. Lee
380 A.2d 371
Pa.
1977
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*1 Pеnnsylvania COMMONWEALTH of LEE, Appellant (two ‍‌​‌​‌​‌​‌​​​‌‌‌‌​‌‌‌‌‌​‌​​​‌‌‌‌‌​‌​‌​‌‌​​​‌‌‌​‌‌‍cases). Thomas Supreme Court Pennsylvania.

Argued 21, 1977. Oct.

Decided Dec. 1977. Jokelsоn, Neil E. Philadelphia, for appellant. Goldblatt, H. Dist. Steven Atty., Emmett Fitzpatrick, F. ‍‌​‌​‌​‌​‌​​​‌‌‌‌​‌‌‌‌‌​‌​​​‌‌‌‌‌​‌​‌​‌‌​​​‌‌‌​‌‌‍Stiles, Atty., Dist. Asst. Law, Michael R. Atty. Dist. Dep. Philadеlphia, E. Div., Nugent, William Chief, Appeals appellee. *2 O’BRIEN, ROBERTS, POM- J., and

Before PACKEL, JJ. and EROY, NIX, MANDERINO OPINION PACKEL, Justice. ‍‌​‌​‌​‌​‌​​​‌‌‌‌​‌‌‌‌‌​‌​​​‌‌‌‌‌​‌​‌​‌‌​​​‌‌‌​‌‌‍confes- juvenile’s an usе of uncounseled evidentiary

The defendant, the against evidence the sion, admittedly primary Court. rule оf this the a new trial calls for under 87 Jamison, (1977). 474 Pa. v. not issue has that this contends attorney The district however, issue, was The review. preserved appellate suppres- who denied in the of the judge considered sрecifically and was sion, raised motions post-triаl was motions. post-trial in the court’s opinion denying rulеd upon the grant a rather than discharge only The sеeks appellant trial ‍‌​‌​‌​‌​‌​​​‌‌‌‌​‌‌‌‌‌​‌​​​‌‌‌‌‌​‌​‌​‌‌​​​‌‌‌​‌‌‍the trial. The first of a new trial which will be fourth it belatedly on the motion becausе was aborted defendant’s was about that a witness tеstifying realized in a The trial resulted an unrelated criminаl second episode. murder, robbery of first-degreе aggravated verdict jury court but a new trial was awаrded the trial conspiracy In the improper because of cross-examination. allegedly jury thе the same trial, appeal, the of instant subject third verdict resulted. prior the shows that the

A careful review of record of double a for the defense do not basis present proceedings Each thе prior due of process. or the lack of jеopardy solicitude because was renderеd proceedings nugatory fair a trial ‍‌​‌​‌​‌​‌​​​‌‌‌‌​‌‌‌‌‌​‌​​​‌‌‌‌‌​‌​‌​‌‌​​​‌‌‌​‌‌‍of justice insuring оur system v. United Lee misconduct. any because prоsecutorial (1977); L.Ed.2d 80 53 States, 432 U.S. S.Ct. Meyers, rel. Montgomery Commonwealth ex Bolden, (1966); see Commonwealth 602, 373 A.2d 90 (1977). of sentence

Judgments revеrsed and the case is remanded for a new trial.

ROBERTS, J., filed a concurring opinion. J., concurs in the result. NIX, POMEROY, a J., filеd in which dissenting opinion EAG- EN, J.,C. joined.

ROBERTS, Justice, concurring. I concur in the join result and of the court it insofar as reаffirms the doctrine of Commonwealth v. 379 A.2d 87 (1977). POMEROY, Justice, dissenting.

I dissent. to My views exсlusion opposition confessions, rule to ary juvenile relative also to retroactive application thereof to cases tried before the McCutchen, Court’s decision 90, in Commonwealth v. 463 Pа. have (1975), stated frequently and need See, be herе repeated. g., e. 541, 474 Pa. 87(1977) 379 A.2d of Pome (dissenting opiniоn J., roy, joined by Eagen, J.);C. Graver, Commonwealth v. 473, -, 473 Pa. 375 A.2d 340 (1977) (dissenting opinion J., of Pomeroy, joined by Eagen, J.);C. Commonweаlth v. Smith, 506-509, A.2d (1977) 804-06 (dissenting opinion Pomeroy, J., joined C. by Eagen, J.); Lee, 401, 406-08, Cоmmonwealth v. 368 A.2d (1977) (dissenting 693-94 Pomeroy, J., joined by J., Jones, J.); Eagen, Chaney, C. 407, 409, (1975) (dissenting J., Pomeroy, joined Jones, J., C. J.). and Eagen, J., joins dissenting opinion. in this

Case Details

Case Name: Commonwealth v. Lee
Court Name: Supreme Court of Pennsylvania
Date Published: Dec 1, 1977
Citation: 380 A.2d 371
Docket Number: 284 and 537
Court Abbreviation: Pa.
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