Commonwealth v. Burkett

Concurring Opinion by

Hoffman, J.:

The only question presented in this appeal is whether it was error to permit the Commonwealth to impeach the defendant’s credibility by introducing statements elicited by the police without Miranda, warnings.1 The Commonwealth conceded that the statements were inadmissible as part of its case in chief.

I concur with the Majority opinion which precludes the prosecution from making use of the suppressed evidence under the guise of impeaching the defendant. I cannot agree with the conclusion of the majority, however, that if the statements conformed to the…