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Commonwealth v. Adams

Supreme Court of Pennsylvania.
Jul 17, 2012

PER CURIAM.

Petition for Allowance of Appeal from the Order of the Superior Court, No. 135 MAL 2012.

Prior report: Pa.Super., 39 A.3d 310.

ORDER


PER CURIAM.


AND NOW, this 17th day of July 2012, the Petition for Allowance of Appeal is

GRANTED.

The issues, as stated by petitioner, are:

(1) Is the Fifth Amendment right against self[-]incrimination, and Article [I,] Section 9 of the Pennsylvania Constitution, implicated by testimony presented by the Commonwealth that the [sergeant] investigating a homicide stated that [petitioner] did not want to speak with the officer, followed by the [sergeant]'s testimony that he introduced himself as a police investigator, that he was investigating a homicide and [petitioner]'s name had come up?

(2) Is the Superior Court permitted, under prevailing law regarding the “harmless error” doctrine, to consider evidence that was contradicted by other evidence introduced by [petitioner]?