Supreme Court of Pennsylvania, 2004

Commonwealth v. Garcia

Commonwealth v. Garcia
Supreme Court of Pennsylvania · Decided September 17, 2004
858 A.2d 1161 (Atlantic Reporter, Second Series)

Commonwealth v. Garcia

Opinion of the Court

ORDER

PER CURIAM.

AND NOW, this 17th day of September 2004, we GRANT the Petition for Allowance of Appeal, LIMITED to the following issue:

“Is it error for the trial court to give a ‘no adverse inference’ instruction in a multiple-defendant trial where one defendant requests the instruction and the other defendant waives his or her right to the instruction?”

We direct the parties to address the impact of Commonwealth v. Edwards, 535 Pa. 575, 637 A.2d 259, 261 (1993).

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