Legal Opinion · Concurrence

Commonwealth v. Fisher

Supreme Court of Pennsylvania

Decided December 31, 2002No. 362 Capital Appeal DocketPublished

1ConcurrenceJustice Saylor

Although I concur in the result, I believe that certain of Appellant’s claims warrant additional elaboration.

In this regard, Appellant challenges the propriety of the trial court’s use of an example to illustrate reasonable doubt, specifically, a husband and wife arguing over the advantages and disadvantages of enrolling their child in a private school. The analogy concludes with the trial court explaining that, if after weighing the various concerns, you decide to send the child to private school, “[i]t would be at that point, after you had come to that firm conclusion, you had done…

2Cases cited29 opinions

  1. Lockhart v. McCreeSupreme Court of the United States · 1986
  2. Franklin v. LynaughSupreme Court of the United States · 1988
  3. People v. CoxCalifornia Supreme Court · 1991
  4. State v. BiegenwaldSupreme Court of New Jersey · 1987
  5. State v. McGuireOhio Supreme Court · 1997

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