Commonwealth v. Smith, J.
169 A.3d 1067
CourtSupreme Court of Pennsylvania
DecidedJuly 26, 2017
DocketCommonwealth v. Smith, J. - No. 138 MAL 2017 (Granted)
StatusPublished
Cited by2 cases
This text of 169 A.3d 1067 (Commonwealth v. Smith, 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.
Bluebook
Commonwealth v. Smith, J., 169 A.3d 1067 (Pa. 2017).
Opinion
ORDER
AND NOW, this 26th day of July, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner are:
(1) The Pennsylvania Superior Court’s Opinion misapplies the Deadly Weapon Used enhancement, which leads to a result inconsistent with statutory construction by reading an additional specific intent element into the Deadly Weapon Used statute that does not exist in the plain language[.]
(2) The Pennsylvania Superior Court rendered a decision that is inconsistent with the plain language of Commonwealth v. Buterbaugh, infra, and thereby leads to a misapplication of Buterbaugh and an irreconcilable conflict between Superior Court case law[.]
(3)The Pennsylvania Superior Court’s decision is inconsistent with fundamental notions of mens rea and the applicability of mens rea when no mens rea is specifically stated, improperly creating a default mens rea of specific intent.
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Related
Commonwealth, Aplt. v. Smith, J.
186 A.3d 397 (Supreme Court of Pennsylvania, 2018)
Com. v. Raspatello, J.
Superior Court of Pennsylvania, 2017
Cite This Page — Counsel Stack
Bluebook (online)
169 A.3d 1067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-smith-j-pa-2017.