Commonwealth v. Nieves

I join in the majority’s decision to affirm Nieves’ conviction, and I agree with the majority’s analysis and disposition of the issues regarding the trial court questioning, the contemporaneous misconduct evidence, indirect references to prior misconduct, reciprocal discovery, and the challenge to discretionary aspects of sentencing. However, I do not join in any part of the analysis of the Rape Shield Law issue. I agree with the majority only in that the requested permission to conduct a cross-examination regarding the victim’s prior sexual activity was properly denied.

In this case both…