Commonwealth v. Speaks

I agree with the majority that Appellant waived his Miranda rights. However, I believe that this waiver was implicit, and not explicit, as is required by the Pennsylvania Supreme Court in Commonwealth v. Bussey, 486 Pa. 221, 404 A.2d 1309 (1979). Accordingly, I dissent and I would reverse the judgment of sentence and remand for a new trial.

The Bussey court defined explicit waiver as “an outward manifestation of a waiver such as an oral, written or physical manifestation” Id., 486 Pa. at 230 n. 11, 404 A.2d at 1314 n. 11. Bussey discussed the United States Supreme Court case of North Carolina…