Legal Opinion · Dissent

Commonwealth v. West

Superior Court of Pennsylvania

Decided November 12, 1986No. 01094Published

1DissentPopovich, Judge

I must dissent. This case is controlled by Commonwealth v. Baker, 511 Pa. 1, 511 A.2d 777 (1986). In an attempt to distinguish this case, the majority mischaracterizes its language by equating a recitation of the Common*616wealth’s position with the holding of the case. In Baker, 511 Pa. at 17, 511 A.2d at 785, the Court states that it is a contention of the Commonwealth that the prosecutor’s comments were invited by defense counsel. The opinion does not indicate it “was persuaded” by this argument as stated by the majority in footnote 6.

It is clear that it is our duty to review closing remarks…

2Cases cited3 opinions

  1. Commonwealth v. BrunoSupreme Court of Pennsylvania · 1976
  2. Commonwealth v. BakerSupreme Court of Pennsylvania · 1986
  3. Commonwealth v. ConnorsSuperior Court of Pennsylvania · 1983

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