Bynum v. Commonwealth

I believe the majority’s use of the “right for the wrong reason” principle is inappropriate under the circumstances of this case.

First, the Commonwealth does not argue that the principle is applicable to this case. Indeed, the Commonwealth concedes on brief that the trial judge’s pretrial suppression ruling, although “wrong ... [, it] has, however, become the law of the case.” The Commonwealth’s brief does not urge this Court to apply the “right for the wrong reason” analysis the majority invokes.

Second, the trial judge’s ruling suppressing the statement was a pretrial ruling that the…