Legal Opinion · Dissent

Commonwealth v. Ely

Supreme Court of Pennsylvania

Decided February 10, 1989No. 1629Published

1DissentRowley, Judge

I respectfully dissent.

I do not agree that appellate review is impossible on the present record. Although appellant’s brief is not a model of clarity, I believe that the issues raised therein are capable of determination on the record before us. In my opinion, the arguments presented by appellant are without merit for the reasons set forth below, and I would affirm the judgment of sentence.

In her first issue, appellant asserts that in evaluating her defense of duress, the trial court did not give sufficient consideration to her “particular circumstances and peculiar mentality” (Brief for…

2Cases cited4 opinions

  1. Commonwealth v. TaylorSupreme Court of Pennsylvania · 1984
  2. Commonwealth v. WildermuthSupreme Court of Pennsylvania · 1985
  3. Commonwealth v. BannisterSupreme Court of Pennsylvania · 1985
  4. Commonwealth v. WigginsSuperior Court of Pennsylvania · 1980

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