Commonwealth v. Garcia

OPINION

Chief Justice CAPPY.

This court granted a limited appeal to consider the propriety of the trial court’s decision to give a “no adverse inference” instruction in a multi-defendant case when one defendant requests the instruction and the other defendant requests that the instruction not be given.1 The Superior Court concluded that the trial court should give the instruction under these circumstances. For the reasons stated herein, we affirm.

Appellant, Miguel Garcia, and his co-defendant at trial, Antonio Lambert, were arrested and charged in relation to the killing of Mary Edmond.2…