Legal Opinion · Concurrence

Commonwealth v. Feflie

Supreme Court of Pennsylvania

Decided October 22, 1990No. 2615Published

1ConcurrencePopovich, Judge

While I join the majority’s conclusion that John Hall was not serving as an agent of the Commonwealth when he elicited appellant’s “jailhouse confession” and conveyed it to the authorities, I believe this conclusion resolves the suppression issue and further discussion is unnecessary. See Commonwealth v. Rhoades, 364 Pa.Super. 54, 527 A.2d 148 (1987), allocatur denied, 521 Pa. 611, 557 A.2d 343 (1989). Accordingly, I believe the majority’s citation to Illinois v. Perkins, — U.S. -, 110 S.Ct. 2394, 110 L.Ed.2d 243 (1990), is misleading under these facts.

Resolving both the Fifth and Sixth…

2Cases cited5 opinions

  1. Maine v. MoultonSupreme Court of the United States · 1985
  2. United States v. HenrySupreme Court of the United States · 1980
  3. Illinois v. PerkinsSupreme Court of the United States · 1990
  4. United States v. Nancy HicksCourt of Appeals for the Eleventh Circuit · 1986
  5. Commonwealth v. RhoadesSupreme Court of Pennsylvania · 1987

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