Commonwealth v. Rivera, J.
This text of Commonwealth v. Rivera, J. (Commonwealth v. Rivera, J.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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?
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Commonwealth v. Rivera, J., Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-rivera-j-pa-2022.