Legal Opinion · Dissent

Commonwealth, Aplt. v. Moody, K.

Supreme Court of Pennsylvania

Decided October 27, 2015No. 47 EAP 2013, 48 EAP 2013, 49 EAP 2013Published

1DissentChief Justice Saylor

In my view, there are simply too many irregularities associated with the summarily-imposed direct criminal contempt convictions in this case for them to be sustained. For example, at the initial summary hearing, the common pleas court foreclosed the presentation of anything, in the form of either statements or evidence, from Appellees based on its own concern for Appellees’ Fifth Amendment rights. See N.T., Apr. 6, 2011, at 13 (“[Rjather than have you say anything at this point, I think I’m going to appoint each of you attorneys,”), Having then explained that “before I make a final finding, I…

2Cases cited6 opinions

  1. In Re OliverSupreme Court of the United States · 1948
  2. Cooke v. United StatesSupreme Court of the United States · 1925
  3. Sacher v. United StatesSupreme Court of the United States · 1952
  4. Commonwealth v. FalanaSupreme Court of Pennsylvania · 1997
  5. In re Contemnor Caron, Court of Common Pleas of Ohio, Franklin County, Civil Division2000

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