Commonwealth v. Garcia

858 A.2d 1161

Opinion

ORDER

PER CURIAM.

AND NOW, this 17th day of September 2004, we GRANT the Petition for Allowance of Appeal, LIMITED to the following issue:

“Is it error for the trial court to give a ‘no adverse inference’ instruction in a multiple-defendant trial where one defendant requests the instruction and the other defendant waives his or her right to the instruction?”

We direct the parties to address the impact of Commonwealth v. Edwards, 535 Pa. 575, 637 A.2d 259, 261 (1993).