Legal Opinion · Concurrence

Commonwealth v. Schmidt

Superior Court of Pennsylvania

Decided June 14, 2017No. 1579 MDA 2016Published

1Concurrence

CONCURRING OPINION BY

GANTMAN, P.J.:

After careful review of the relevant law, I respectfully concur in the result reached in the majority disposition, ie., to affirm the judgment of sentence. I write separately to emphasize that the degree of the appellate court’s independent review of the certified record in Anders cases remains in dispute and subject to disagreement for lack of definition. In my opinion, the procedure outlined in Commonwealth v. Flowers, 113 A.3d 1246 (Pa.Super. 2015) was not essential to its holding and therefore fails to control appellate review in Anders cases.

The…

2Cases cited24 opinions

  1. Jones v. BarnesSupreme Court of the United States · 1983
  2. Commonwealth v. SantiagoSupreme Court of Pennsylvania · 2009
  3. Commonwealth v. McClendonSupreme Court of Pennsylvania · 1981
  4. Commonwealth v. GoodwinSuperior Court of Pennsylvania · 2007
  5. State v. CauseySupreme Court of Florida · 1987

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