Brown v. Commonwealth

Dissenting opinion by

Justice SCOTT.

Appellant was advised at length of the potential consequences of presenting false testimony, not only by counsel, but twice by the court. Yet, he still persisted. Because of this conduct, the trial court imposed a “limited forfeiture” of his right to the assistance of counsel, at Appellant’s counsel’s request, designed solely to keep counsel’s hands away from the false evidence. Because, I believe this “limited forfeiture” of Appellant’s right to the assistance of counsel was appropriate under our constitutional jurisprudence and ultimately more protective…