Supreme Court of Pennsylvania, 2007

Commonwealth v. Olmeda-Rivera

Supreme Court of Pennsylvania · Decided December 21, 2007 · Eakin

938 A.2d 987; 595 Pa. 405; 2007 Pa. LEXIS 2700 (Atlantic Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Commonwealth v. Bowen (Pa. Super. Ct. 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

PER CURIAM.

AND NOW, this 21st day of December, 2007, the Petition for Allowance of Appeal is hereby GRANTED, the Order of the Superior Court is VACATED, and the matter is REMANDED for the Superior Court to address Petitioner’s argument that the sentence imposed by the trial court violated his Fifth Amendment rights under Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981), and Mitchell v. United States, 526 U.S. 314, 119 S.Ct. 1307, 143 L.Ed.2d 424 (1999). See Commonwealth v. Olmeda-Rivera, 927 A.2d 656 *406 (Pa.Super. 2007) Middle District Appeal 2006 (Pa.Super.), Brief of Appellant at 14-16, 22.

Justice EAKIN did not participate in the consideration or decision of this matter.

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