Legal Opinion · Concurrence

Commonwealth v. Kirsch

Superior Court of Pennsylvania

Decided September 25, 2007Published

1Concurrence

Concurring Statement by

McEWEN, P.J.E.:

¶ 1 The author of the persuasive Opinion of the Majority has provided a perceptive expression of rationale, and I agree that the decisions of Commonwealth v. Forbes, 450 Pa. 185, 299 A.2d 268 (1973) and Commonwealth v. Randolph, 553 Pa. 224, 718 A.2d 1242 (1998), require this Court to conclude that appellant must be permitted to withdraw his guilty plea. See generally: Commonwealth v. Rish, 414 Pa.Super. 220, 606 A.2d 946 (1992). I write separately, however, to reiterate what are now but dim echoes of my conviction that a mere assertion of innocence, such…

2Cases cited5 opinions

  1. Commonwealth v. ForbesSupreme Court of Pennsylvania · 1973
  2. Commonwealth v. RandolphSupreme Court of Pennsylvania · 1998
  3. Commonwealth v. ColeSupreme Court of Pennsylvania · 1989
  4. Commonwealth v. RishSuperior Court of Pennsylvania · 1992
  5. Commonwealth v. DickenSuperior Court of Pennsylvania · 2006

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