Commonwealth v. Smith

By Judge Walter W. Stout, III

Defendant is before the Court on a Motion in Limine argued by counsel and taken under advisement by the Court. The Motion in Limine asks the Court to prevent the use of the defendant’s prior juvenile record in this trial. The prosecution has stipulated it will not be used in the guilt phase of the trial for impeachment but has notified the defense of their intent to offer the juvenile convictions in the penalty phase. The defendant contends that his pleas of not innocent were not voluntarily given under Boykin v. Alabama, 395 U.S. 238 (1969).

Defendant admits that…