Commonwealth v. DiNicola

Like Madame Justice Newman, I join the portion of the majority’s opinion applying the fair response doctrine under *573United States v. Robinson, 485 U.S. 25, 108 S.Ct. 864, 99 L.Ed.2d 23 (1988). Also in line with Justice Newman’s position, however, as regards Appellee’s claim of ineffective assistance of his trial counsel for implicating the disclosure to the jury that Appellee did not cooperate in police efforts to investigate K.H.’s accusation against him, I respectfully differ with the majority’s decision to dispose of the claim on the basis that Appellee suffered no prejudice as a result of…