Commonwealth v. Garcia

858 A.2d 1161, 580 Pa. 12, 2004 Pa. LEXIS 2176

Supreme Court of Pennsylvania·Decided September 17, 2004·No. Petition No. 225 EAL 2004·Published·Cited by 2 cases

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).

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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).

Commonwealth v. Garcia, 858 A.2d 1161, 580 Pa. 12, 2004 Pa. LEXIS 2176 (Pa. 2004).

Pincite

858 A.2d 1161 (Commonwealth v. Garcia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Commonwealth v. Garcia

888 A.2d 633 (Supreme Court of Pennsylvania, 2005)

Opinion

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