Commonwealth v. Edwards

I agree with the Majority’s determination that the trial court committed error by instructing the jury to draw no adverse inference from Edwards’ failure to testify despite defense objection. See Commonwealth v. Rasheed, 392 Pa.Super. 280, 572 A.2d 1232 (1990), appeal pending 172 E.D. Appeal Docket 1991. However, I am unable to join in the conclusion that the error was harmless, because I am not convinced that this instruction could not have contributed to the verdict rendered. Accordingly, I must dissent.

The Majority correctly determines that, in Rasheed, this court held, en banc, that a…