Legal Opinion · Dissent

Commonwealth v. Evers

Supreme Court of Pennsylvania

Decided January 25, 1989No. 620Published

1DissentBrosky, Judge

Upon considerable review of the majority opinion I find their conclusiori that: “[I]n this Commonwealth, the consti*577tutional protections of the double jeopardy clause are not implicated where a felony or misdemeanor prosecution is preceded by a conviction before a district justice, whether by summary trial or guilty plea, for a summary offense.” constitutes a misguided deduction from and analysis of, relevant case law which I cannot support with my joinder. Consequently, I dissent.

The majority’s arrival at the above stated conclusion is not startling or even difficult to understand in light of…

2Cases cited23 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Missouri v. HunterSupreme Court of the United States · 1983
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Illinois v. VitaleSupreme Court of the United States · 1980

18 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