Legal Opinion · Dissent

Commonwealth v. Jones

Supreme Court of Pennsylvania

Decided May 19, 1992No. 193 E.D. Appeal Docket 1990Published

1DissentCappy, Justice

Today the majority creates a system of justice unprecedented in this country, a system wherein a defendant may be unfairly tried and sentenced in absentia, with no right of appeal under any circumstances. I must vigorously dissent. Justice requires the assurance of a fair trial, an assurance secured by the guarantee of appellate review. I cannot countenance a system of jurisprudence that endorses trial and sentence in absentia beyond the reach of appellate review.

In no case involving the dismissal of a fugitive’s appeal do we find facts such as those present at bar. It is intolerable as a…

2Cases cited45 opinions

  1. Molinaro v. New JerseySupreme Court of the United States · 1970
  2. Estelle v. DorroughSupreme Court of the United States · 1975
  3. United States v. John Tortora, United States of America v. Samuel SantoroCourt of Appeals for the Second Circuit · 1972
  4. Commonwealth v. BasemoreSupreme Court of Pennsylvania · 1990
  5. Commonwealth v. PassaroSupreme Court of Pennsylvania · 1984

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