Commonwealth v. Morley

I join the concurring and dissenting opinion authored by Judge Hudock and its reasoning that the testimony in question was not admissible by virtue of the Fifth Amendment of the United States Constitution. I write separately, however, to remark on the statement made in the majority opinion on page eight in footnote one which claims that the Pennsylvania constitutional right against self-incrimination found at Article 1, Section 9 is coextensive with the federal right.

The Majority and the Dissent rely on a footnote in Commonwealth v. Marra, 527 Pa. 526, 594 A.2d 646 (1991) which makes that…