Commonwealth v. Spotz

OPINION

Justice CASTILLE.

The dispositive issue in these cross-appeals is whether the Superior Court erred in finding that trial counsel for appellee/cross-appellant Mark N. Spotz (“appellee”) was ineffective, as a matter of law, for failing to object to alleged prosecutorial references to appellee’s post-arrest silence. For the following reasons, we reverse the Superior Court’s grant of a new trial on this claim, reinstate appellee’s judgment of sentence, and dismiss this claim of counsel ineffectiveness, as well as the claims of counsel ineffectiveness raised on appellee’s cross-appeal,…