Legal Opinion · Concurrence

Commonwealth, Aplt. v. King, J.

Supreme Court of Pennsylvania

Decided July 17, 2019No. 13 EAP 2018Published

1Concurrence

JUSTICE DONOHUE, Concurring

I concur in the result of the Majority's decision. Specifically, I agree with the Majority that the PCRA court did not err in precluding the Commonwealth from conducting an out-of-court interview with trial counsel in advance of the PCRA evidentiary hearing, and that the Superior Court's decision should be affirmed. I also agree with the Majority that the preclusion order at issue should be reviewed under an abuse of discretion standard.1 I cannot, *515however, join in the Majority's application of that standard. The Majority evaluates the trial court's exercise of its…

2Cases cited9 opinions

  1. Pirillo v. PirilloSupreme Court of Pennsylvania · 1975
  2. Commonwealth v. ChmielSupreme Court of Pennsylvania · 1999
  3. McMullen v. KutzSupreme Court of Pennsylvania · 2009
  4. Commonwealth v. HarrisSupreme Court of Pennsylvania · 2011
  5. Commonwealth v. Norton, M., Aplt.Supreme Court of Pennsylvania · 2019

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