Commonwealth v. Rivera, J.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 494 MAL 2021 :

Respondent :

: Petition for Allowance of Appeal : from the Order of the Superior Court v. :

: :

JONATHAN RIVERA, :

:

Petitioner :

ORDER

PER CURIAM

AND NOW, this 23rd day of February, 2022, the Petition for Allowance of Appeal

is GRANTED. The issue as stated by petitioner is:

Whether prejudice is presumed from the improper use at trial of post-arrest, post- Miranda silence, requiring the Commonwealth to show beyond a reasonable doubt that the error did not affect the verdict—or whether, as the Superior Court held, the standard that governs the use of pre-arrest silence, from which prejudice is not presumed, also governs constitutional harmless error from the improper use of post-arrest, post-Miranda silence?