Barker v. Commonwealth

First of all, I concur with the majority that, in both Barker and Jones, the trial court did not have to wait upon a conviction for new charges before proceeding to a hearing and revocation of probation based upon the commission of additional offenses. I furthermore agree in the result of our decision to uphold the revocation of Barker’s probation, but I disagree with the reasoning. By implication in Barker, and by direct holding in Jones, this Court — for the first time to my knowledge — invests the courts with the prosecu-torial function of immunity for criminal defendants.

I respectfully,…