Commonwealth v. Lewis

OPINION OF THE COURT

CAPPY, Justice.

This appeal presents two issues of first impression: Whether the failure of a trial judge to instruct the jury that they are not permitted to draw any adverse inference from the defendant’s decision not to testify violates an accused’s rights pursuant to Article I, Section 9 of the Pennsylvania Constitution when the accused has requested that such an instruction be given; and whether the failure to give that instruction constitutes harmless error. For the reasons that follow, we hold that such an omission does violate the accused’s rights and does not…