Commonwealth v. Wayman

Dissenting Opinion by

Me. Justice Pomeboy:

Two basic errors in today’s decision compel my dissent. First, in entertaining petitioner’s claim that his confession is inadmissible under Futch and Dutton, the majority departs from the rules governing issues presentable on appeals nunc pro tuno which we laid down in Commonwealth v. Faison, 437 Pa. 432, 264 A. 2d 394 (1970). Second, in holding that guilty pleas which follow an inadmissible confession will be invalidated if they were primarily motivated by the confession, the Court appears to overrule, sub silentio, without benefit of briefs or…