Commonwealth v. Olmeda-Rivera

Supreme Court of Pennsylvania
Commonwealth v. Olmeda-Rivera, 938 A.2d 987 (Pa. 2007)
595 Pa. 405; 2007 Pa. LEXIS 2700
Eakin

Commonwealth v. Olmeda-Rivera

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.

Reference

Full Case Name
COMMONWEALTH of Pennsylvania, Respondent v. Juan Luis OLMEDA-RIVERA, Petitioner
Cited By
2 cases
Status
Published