| COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MOLINA No. 1948 WDA 2007 2010 PA Super 148 Atlantic: n/a Filed: 8/13/2010 | |
| Appeal from the Judgment of Sentence March 15, 2007 In the Court of Common Pleas of Allegheny County Criminal Division at Nos. CP-02-CR-0007403-2004 and CP-02-CR-0009547-2004 | |
| Before: SHOGAN, COLVILLE* AND CLELAND*, JJ. | |
| Opinion by: CLELAND, J. | |
| Appellant, Michael Molina (Molina), appeals the judgment of sentence of the Court of Common Pleas of Allegheny County entered on March 15, 2007. The issue is whether the Commonwealth may urge the jury to use a non-testifying defendant’s pre-arrest silence as evidence of his guilt. We conclude it cannot. Accordingly, we reverse the judgment of sentence and remand for a new trial. | |
Friday, August 13, 2010
COMMONWEALTH OF PENNSYLVANIA v. MICHAEL MOLINA
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