Legal Opinion
Commonwealth v. DiNicola
Supreme Court of Pennsylvania
Decided January 19, 2005No. 15 WAP 2003PublishedCited by 64 opinions
1Opinion of the Court
OPINION
Chief Justice CAPPY.
This appeal presents the question of whether Appellee’s Fifth Amendment privilege against self-incrimination was violated by reference to his pre-arrest silence. This question is brought before our court by Appellant who challenges the determination that trial counsel was ineffective. Because we find no violation of Appellee’s Fifth Amendment privilege, the *553attendant finding of ineffective assistance of trial counsel was in error. Therefore, for the reasons stated below, we reverse the order of the Superior Court awarding a new trial and reinstate the judgment of…
2Cases cited17 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Doyle v. OhioSupreme Court of the United States · 1976
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Commonwealth v. PierceSupreme Court of Pennsylvania · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Commonwealth v. SpotzSupreme Court of Pennsylvania · 2014
- Commonwealth v. WilliamsSupreme Court of Pennsylvania · 2006
- Commonwealth v. HarrisSuperior Court of Pennsylvania · 2005
- Commonwealth v. SpotzSupreme Court of Pennsylvania · 2005
- Commonwealth v. McCraeSupreme Court of Pennsylvania · 2003
59 more not listed; retrieve them via the Exa API.