Commonwealth v. Richman

Concurring Opinion by

Mr. Justice Eagen :

Although I concur in the result reached by Mr. Justice Nix, I totally disagree with his analysis of Kirby v. Illinois, 406 U.S. 682, 92 S. Ct. 1877 (1972).

Mr. Justice Nix makes the bold assertion: “Kirby does not establish an all inclusive rule; rather, the line to be drawn depends upon the procedure employed by each state. We are therefore faced with the issue of whether this lineup preceded the ‘initiation of adversary judicial proceedings’ as defined in Pennsylvania. While the plurality in Kirby attaches some significance to the indictment, they…