Legal Opinion · Dissent

Commonwealth v. Weakley

Superior Court of Pennsylvania

Decided April 17, 2009No. 1054 MDA 2007, 1052 MDA 2007Published

1Dissent

Dissenting Opinion by

FITZGERALD, J.:

¶ 1 In reversing the trial court’s well-reasoned order and opinion, the learned majority conducts a plenary review of the facts, rather than reviewing the decision for abuse of discretion as our standard of review requires. There is substantial support for the trial court’s finding that the relevant crimes were not sufficiently similar to warrant their admission as evidence in the instant trial. Hence, I dissent.

¶ 2 I re-emphasize that this Court may reverse the trial court’s rulings on the admissibility of evidence only if the trial court abused its…

2Cases cited17 opinions

  1. Commonwealth v. HughesSupreme Court of Pennsylvania · 1989
  2. Commonwealth v. MorrisSupreme Court of Pennsylvania · 1981
  3. Commonwealth v. ReidSupreme Court of Pennsylvania · 2002
  4. Commonwealth v. BronshteinSupreme Court of Pennsylvania · 1997
  5. Commonwealth v. RushSupreme Court of Pennsylvania · 1994

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API