Commonwealth v. Biagini
Supreme Court of Pennsylvania
1Opinion of the Court
OPINION OF THE COURT
CAPPY, Justice.
These two appeals were consolidated for review by this Court as the Superior Court rendered inconsistent decisions. *25In each case the Superior Court addressed the question of whether an individual can be convicted for resisting arrest when it is subsequently determined that the underlying arrest was unlawful, as it was not supported by probable cause. In Biagini the Superior Court affirmed the conviction for resisting arrest, and in Barry W. the Superior Court reversed the conviction for resisting arrest.
Additionally, each defendant asserts that his…
Also in this document: Concurrence.
2Cases cited8 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- California v. Hodari D.Supreme Court of the United States · 1991
- Commonwealth v. FrenchSupreme Court of Pennsylvania · 1992
- Commonwealth v. BurtonSupreme Court of Pennsylvania · 1973
- Commonwealth v. MedleySupreme Court of Pennsylvania · 1992
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3Cited by49 opinions
- Commonwealth v. BrownSuperior Court of Pennsylvania · 2011
- Commonwealth v. MartiSuperior Court of Pennsylvania · 2001
- Commonwealth v. StevensonSuperior Court of Pennsylvania · 2006
- Commonwealth v. HockSupreme Court of Pennsylvania · 1999
- Tillman v. StateSupreme Court of Florida · 2006
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