Legal Opinion · Dissent

Commonwealth v. Jordan

Superior Court of Pennsylvania

Decided September 22, 2015No. 2832 EDA 2011Published

1Dissent

*67DISSENTING OPINION BY

WECHT, J.:

The Commonwealth appeals from' a sanction order that was imposed by the trial court. The court imposed that sanction only after the prosecutor intentionally and openly disobeyed an explicit order. That order required the prosecutor to disclose the identity of one out of two confidential informants whose identities the defense had sought.

Without even the slightest condemnation of the prosecutor’s defiance, today’s learned Majority excuses the prosecutor’s conduct. Instead, the Majority takes issue not with the defiant lawyer, but with the trial court that was…

2Cases cited16 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Roviaro v. United StatesSupreme Court of the United States · 1957
  3. Commonwealth v. BurkeSupreme Court of Pennsylvania · 2001
  4. Commonwealth v. CarterSupreme Court of Pennsylvania · 1967
  5. Commonwealth v. KennerSuperior Court of Pennsylvania · 2001

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