Commonwealth v. Rosen
Commonwealth v. Rosen
Opinion of the Court
OPINION
We granted allowance of appeal to consider whether the Commonwealth can use evidence obtained pursuant to a limit
In the early morning hours of June 30, 2001, Appellant, Adam Rosen, stabbed his wife, Hollie Rosen, to death in their home. When police arrived at the scene, Appellant initially claimed that two intruders in ski masks and parkas committed the crime. He later provided multiple, differing explanations for the murder and ultimately admitted killing his wife. Appellant claimed he and Hollie were arguing, and each had a knife; when Hollie swung her knife at Appellant, he stabbed her in the chest, and she then plunged the knife into her own neck. N.T., 4/30/02, at 59-66.
Appellant proceeded to a jury trial on April 29, 2002. In support of his defense of diminished capacity,
The Superior Court affirmed the judgment of sentence on direct appeal, Commonwealth v. Rosen, 830 A.2d 1052 (Pa.Super. 2003) (unpublished memorandum), and this Court denied review. Commonwealth v. Rosen, 574 Pa. 765, 832 A.2d 436 (2003). Appellant subsequently filed a PCRA petition raising multiple claims of ineffective assistance of counsel. Following an evidentiary hearing, the PCRA court denied the petition on March 1, 2005. On appeal, the Superior Court reversed and remanded for a new trial. It determined that trial counsel was ineffective for failing to call character witnesses on Appellant’s behalf, as their testimony allegedly tended to establish both that Appellant’s mental instability prompted his actions and that he neither planned nor intended to kill his wife. Commonwealth v. Rosen, 890 A.2d 1105 (Pa.Super. 2005) (unpublished memorandum). This Court denied further review, Commonwealth v. Rosen, 588 Pa. 780, 906 A.2d 542 (2006), clearing the way for Appellant’s retrial.
Upon retrial, Appellant filed motions in limine on October 17, 2007, and November 2, 2007. The later motion alleged that despite his waiver of the psychotherapist-patient privilege, admission of the expert psychiatric testimony from Appellant’s first trial should be precluded at his retrial. N.T., 12/27/07, at 9. The Commonwealth filed a motion in limine on December 10, 2007, that is docketed but omitted from the record certified to us on appeal, and a supplemental motion in limine on December 26, 2007.
In concluding that the statements Appellant made to the psychiatric experts were not excludable under the Fifth Amendment to the United States Constitution at his retrial, the trial court relied on this Court’s decision in Commonwealth v. Santiago, 541 Pa. 188, 662 A.2d 610 (1995). In that case, the defendant argued that the trial court erred in admitting psychiatric expert testimony from his first trial, in which he presented an insanity defense, because no such defense was proffered on retrial. The expert, a forensic psychiatrist who had been appointed to assist in the preparation of Santiago’s insanity defense in his first trial, had testified on Santiago’s behalf.
Santiago focused on the applicability of the psychiatrist-patient privilege and whether the Commonwealth’s discovery of psychiatric examination results pursuant to Pa.R.Crim.P. 305(C)(2) (a)(i)
against compulsory self-incrimination, to allow the attorney for the Commonwealth to inspect and copy or photograph any of the following requested items:
(i) results or reports of physical or mental examinations....
Appellant [Santiago] did pursue an insanity defense and had [his psychiatric expert] testify on his behalf at his first trial. Moreover, although the Commonwealth obtained the evidence of Appellant’s admission to [his psychiatric expert] pursuant to [Pa.R.Crim.P.] 305C(2)(a) at the first trial, at the second trial the Commonwealth possessed the evidence as a result of its voluntary disclosure by Appellant at his first trial.
Santiago, 662 A.2d at 614 (emphasis in original). We stated that the Commonwealth could not have presented such evidence under Rule 305 if the defendant had foregone an insanity defense at his original trial. The defendant’s waiver of the psychiatrist-patient privilege at the first trial, however, waived the privilege at the retrial. Thus, the Commonwealth could present the examination results even though insanity was not raised at the retrial. Id. at 614-15.
We were guided in Santiago by our decision in Commonwealth v. Boyle, 498 Pa. 486, 447 A.2d 250 (1982), which held that when a defendant waives his Fifth Amendment right and testifies at his first trial, such testimony may be introduced at retrial even if he does not testify. Id. at 256. Boyle appealed to this Court following his conviction of three counts of first-degree murder for the killings of Joseph, Margaret, and Charlotte Yablonski. We reversed and granted Boyle a new trial. After conviction on retrial, Boyle argued that the trial court erred in admitting portions of his testimony from the first trial because he did not testify at his retrial. We determined that admission of the prior testimony from the first trial as substantive evidence at his retrial did not violate Boyle’s Fifth Amendment rights. We explained:
The fact that Boyle exercised his right of silence during the second trial did not insulate him from the consequences*312 of his earlier testimony____ [Testimony from an earlier trial may be introduced in the prosecution’s case against a defendant regardless of whether that defendant takes the stand or not in the second proceeding.
Boyle, 447 A.2d at 256. Although a defendant “cannot be compelled to give evidence against himself, ... if he gives it voluntarily he cannot object to having it used against him. His constitutional privilege, as far as that testimony is concerned, is waived, and cannot be reclaimed in any subsequent trial of the same indictment.” Id. (quoting Commonwealth v. House, 6 Pa.Super. 92, 104 (1897)).
Applying this principle in Santiago, we determined, “Like the defendant in Boyle who waived his privilege against self-incrimination by testifying in his first trial, [Santiago] voluntarily waived the psychiatrist-patient privilege when he decided to pursue an insanity defense in his first trial.” Santiago, 662 A.2d at 615. We concluded that since Santiago voluntarily waived the psychiatrist-patient privilege by pursuing an insanity defense in his first trial, he could not “reclaim” the privilege in a subsequent trial.
In the instant case, the trial court reasoned that although Santiago dealt with the statutory psychiatric-patient privilege rather than the Fifth Amendment right against compulsory testimony against oneself, the case nonetheless was instructive. Accordingly, the trial court concluded, “Following the principle in Santiago, [Appellant Rosen’s] psychiatrists testified at the first trial about admissions he made to them, and therefore[, the admissions] were just as admissible at the second trial as testimony [Appellant] himself might have given.” Trial Court Opinion, 5/15/09, at 13. Appellant then filed a direct appeal, and the Superior Court affirmed the judgment of sentence. Commonwealth v. Rosen, 988 A.2d 146 (Pa.Super. 2009).
On appeal, the Superior Court, like the trial court, determined that resolution of the issue was controlled by this Court’s decision in Santiago. Noting that in Santiago, we permitted psychiatric testimony from the defendant’s first
The Superior Court also distinguished our decision in Commonwealth v. Sartin, 561 Pa. 522, 751 A.2d 1140 (2000), which it characterized as holding “that a defendant who explores mitigating psychiatric evidence in anticipation of the penalty phase of a capital murder trial must submit to examination by the Commonwealth’s psychiatric expert in order” to give the Commonwealth an opportunity to rebut the mitigating evidence presented by the defendant; however, the Commonwealth may use such evidence “only as rebuttal evidence at the penalty phase of trial.... ” Rosen, 988 A.2d at 150.
Instantly, the Superior Court reasoned that unlike in Sartin, Appellant Rosen chose to present psychiatric evidence in his first trial to support a mental infirmity defense, “ie., to cast doubt upon his guilt.” Rosen, 988 A.2d at 150 (emphasis in original). The Superior Court distinguished Sartin, finding it applied only to the Commonwealth’s ability to counter psychiatric evidence obtained for mitigation purposes at the penalty phase of a capital trial. Moreover, the Superior Court asserted that Sartin actually enforced the holding in Santiago
As noted supra, this Court granted Appellant’s petition for allowance of appeal. Commonwealth v. Rosen, 606 Pa. 519, 2 A.3d 472 (2010). We defined the issue before us as follows:
Whether the limited Fifth Amendment waiver occasioned by a mental health defense in a defendant’s first trial allows the Commonwealth to use the evidence obtained pursuant to such waiver as rebuttal in a subsequent trial where no mental health defense is presented.
Order, 8/11/10, at 1; Appellant’s brief at 5.
When reviewing the denial of a motion in limine, we apply an evidentiary abuse of discretion standard. Commonwealth v. Rivera, 603 Pa. 340, 983 A.2d 1211 (2009). “[A] motion in limine is a procedure for obtaining a ruling on the admissibility of evidence prior to trial, which is similar to a ruling on a motion to suppress evidence, [therefore] our standard of review ... is the same as that of a motion to suppress.” Commonwealth v. Mitchell, 588 Pa. 19, 902 A.2d 430, 455 (2006). The admission of evidence is committed to the sound discretion of the trial court, and our review is for an abuse of discretion. Commonwealth v. Baumhammers, 599 Pa. 1, 960 A.2d 59 (2008).
In arguing error by the lower courts, Appellant contends that the Fifth Amendment and interpretive Pennsylvania decisional law “treat the compelled disclosure of evidence resulting from a psychiatric defense to be a limited one, and evidence obtained from such a waiver may be used only to rebut a mental health defense.” Appellant’s brief at 14 (emphasis in original). In support of his argument, Appellant relies on Buchanan v. Kentucky, 483 U.S. 402, 107 S.Ct. 2906, 97
Appellant also asserts that Santiago is inapposite because it dealt solely with the issue of psychiatrist-patient privilege, not the Fifth Amendment. Accordingly, he submits that the lower courts’ reliance on Santiago was misplaced. Finally, Appellant concludes that since the evidence of the specific intent to kill was not overwhelming, and there was substantial evidence that Appellant did not intend to kill his wife, he could have established reasonable doubt as to the specific intent to kill if he could have testified without the Commonwealth’s use of the psychiatric testimony from the first trial as rebuttal. Thus, he avers that any error was not harmless, and he asks this Court to reverse the order of the Superior Court and award him a new trial.
The Commonwealth counters that the lower courts were correct in their determination that Santiago controlled this case. The Commonwealth reiterates the trial court’s position, pointing out that the Santiago Court relied on Boyle in holding that psychiatric testimony was admissible at the de
The Commonwealth also represents that Sartin did not overrule or limit Santiago. To the contrary, it contends, “Sartin applies only to the Commonwealth’s ability to counter psychiatric evidence obtained for mitigation purposes at the penalty phase of a capital trial.” Commonwealth’s brief at 16 (quoting Rosen, 988 A.2d at 150 (emphasis in original)). Since the case sub judice involves psychiatric evidence presented by Appellant at his first trial to “cast doubt on his guilt,” the Commonwealth avers that Sartin is inapplicable. Commonwealth’s brief at 16 (quoting Rosen, 988 A.2d at 150 (emphasis in original)). Alternatively, the Commonwealth posits that even if Sartin was applicable to this case, it is relevant only to the testimony of Dr. Michals, the Commonwealth’s expert, not that of Appellant’s expert, Dr. Fink. It submits, therefore, that any error below was harmless, and, furthermore, other evidence supported a finding that Appellant acted with specific intent to kill.
In averring that Appellant’s Fifth Amendment rights were not violated, the Commonwealth maintains that while Appellant was compelled to participate in the mental health evaluation by Dr. Michals, this fact does not excuse Appellant’s failure to invoke his privilege against self-incrimination. In support of this proposition, the Commonwealth relies on Minnesota v. Murphy, 465 U.S. 420, 104 S.Ct. 1136, 79 L.Ed.2d 409 (1984), and articulates that such compulsion “is indistinguishable from that felt by any witness who is required to appear and give testimony, and ... it is insufficient to excuse [Appellant’s] failure to exercise the privilege in a timely manner.” Commonwealth’s brief at 18-19 (quoting Murphy, 465 U.S. at 437, 104 S.Ct. 1136). The Commonwealth concludes that because Appellant waived his Fifth Amendment right, he could not seek to reassert it.
Appellant voluntarily spoke to his expert, he voluntarily placed Dr. Fink on the witness stand, and he voluntarily elicited testimony from Dr. Fink during the first trial.
As for Sartin’s application in the context of the testimony of Appellant’s expert, the case is inapposite. In Sartin, the trial court ordered the defendant to submit to an independent pretrial psychiatric examination in response to a Commonwealth request. Herein, however, the testimony elicited from Appellant’s expert, Dr. Fink, was completely voluntary; there was no court order compelling it. Appellant voluntarily spoke to the psychiatrist and voluntarily chose to present his testimony. (See Miranda v. Arizona, 384 U.S. 436, 460, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)) (“[T]he privilege [against self-incrimination] is fulfilled only when the person is guaranteed the right ‘to remain silent unless he chooses to speak in the unfettered exercise of his own will.’ ”) (Emphasis added) (citation omitted). “Volunteered statements ... are not barred by the Fifth Amendment....” Estelle v. Smith, 451 U.S. 454, 469, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981). There is no reversible error with respect to the Superior Court’s decision regarding the admissibility of Dr. Fink’s testimony at retrial.
Nevertheless, there is Pennsylvania case law addressing a criminal defendant’s Fifth Amendment rights in the context of a mental health examination by the Commonwealth’s expert. Initially, in Commonwealth v. Morley, 545 Pa. 420, 681 A.2d 1254 (1996), this Court held that where a defendant raises a mental infirmity defense, he cannot refuse examination by a Commonwealth psychiatrist based upon his privilege against self-incrimination under the Fifth Amendment. We stated, “The rationale supporting our holding ... is that where a defendant has raised a mental disability defense, a defendant has waived his or her privilege against self-incrimination and may be compelled to submit to a psychiatric exam so that the Commonwealth can prepare its case in rebuttal.” Id. at 1258 n. 5.
In Sartin, however, we explained that a criminal defendant does “not categorically waive his Fifth Amendment privilege against self-incrimination merely by announcing his intention to submit expert psychiatric testimony.” Sartin, 751 A.2d at 1143. The issue before us in Sartin was whether the Fifth Amendment to the United States Constitution precluded the trial court from ordering the defendant in a capital case to submit to an independent pretrial psychiatric examination, where the defendant had already been examined by his own
Further, we noted that Sartin did not categorically waive his Fifth Amendment privilege against self-incrimination merely by announcing his intention to submit expert psychiatric testimony at the sentencing hearing. We concluded that the “Commonwealth may only utilize the results of its psychological examination in a rebuttal capacity, and only as to those issues which have been implicated by the expert testimony of the defendant’s psychiatrist.” Id. at 1143 (emphasis added).
It stands to reason under the present circumstances that if Appellant testified on retrial, and the Commonwealth was entitled to utilize Dr. Fink’s testimony as substantive evidence, which is the result supported by Boyle and Santiago, then the testimony of Dr. Michals clearly could have been utilized in response to those issues implicated by Dr. Fink’s testimony. Sartin, swpra. The trial court’s limitation that the evidence could be used only for impeachment provided an additional layer of protection.
Synthesizing the decisions of Boyle, Santiago, Morley and Sartin, the following framework emerges. A defendant who raises a mental health defense can be compelled to submit to a psychiatric examination. Morley, 681 A.2d at 1257. In submitting to this examination, however, the defendant does “not categorically waive his Fifth Amendment [rights].” Sartin, 751 A.2d at 1143. When the defendant voluntarily presents a mental health defense that he subsequently abandons, the Commonwealth may, upon retrial, utilize the results of its psychological examination as to those issues that have been implicated by the defendant’s own expert. Santiago, see also Boyle, supra.
Appellant argues the applicability of the Third Circuit Court of Appeals decision in Gibbs v. Frank, supra. Subsequent to his evaluation by a self-sought court-appointed psychiatrist “to
This Court is not bound by Gibbs; it is a federal case interpreting federal law. Hall v. Bd. of Probation and Parole, 578 Pa. 245, 851 A.2d 859, 865 (2004) (“[T]his Court has clearly indicated that [it is] not obligated to follow the decisions of the Third Circuit [Court of Appeals] on issues of federal law.”). More importantly, we decline to adopt its reasoning because it does not comport with Santiago, Boyle, and Morley discussed supra.
Accordingly, the order of the Superior Court is affirmed.
. A defense of diminished capacity negates the element of specific intent and, thus, mitigates first-degree murder to third-degree murder. Commonwealth v. Williams, 602 Pa. 360, 980 A.2d 510, 527 (2009); Commonwealth v. Saranchak, 581 Pa. 490, 866 A.2d 292, 299 (2005).
. Presumably, the December 10, 2007 filing is the motion referred to by the trial court in its reference to the Commonwealth's "competing motion seeking to introduce those statements [to the psychiatrists] both in its case in chief and also to impeach Rosen if he gave inconsistent testimony at trial,” trial court opinion at 3, because the December 26, 2007 supplemental motion in limine dealt with the testimony of other witnesses.
. The trial court represented in its Pa.R.A.P. 1925(a) opinion that its "ruling was made orally rather than by a written order, and regrettably it appears that the official court stenographer did not transcribe it.” Trial Court Opinion, 5/15/09, at 3 n. 1.
. Former Pa.R.Crim.P. 305(C)(2)(a)(i), which has been renumbered as Pa.R.Crim.P. 573(C)(1)(a), provided:
(2) Discretionary with the court:
(a) In all court cases, if the Commonwealth files a motion for pretrial discovery, upon a showing of materiality to the preparation of the Commonwealth's case and that the request is reasonable, the court may order the defendant, subject to the defendant's rights
. The Chmiel Court considered Santiago in the context of a Fifth Amendment claim. In doing so, we opined that although Santiago "involv[ed] a different privilege,” it was ”[o]f similar import" for purposes of addressing the claim. Chmiel, 738 A.2d at 422.
. Contrary to the Dissent’s representation that our focus on the admissibility of Dr. Fink's testimony is "misdirected,” see (Saylor, J., dissenting,. op. at 323, 42 A.3d at 998-99), Appellant indeed sought to exclude testimony from both defense and Commonwealth psychiatric witnesses. See e.g., Appellant's Reply Brief at 1 ("Prior to [Appellant’s] second trial, his counsel withdrew the psychiatric defense, and moved to bar the use of disclosures to either psychiatrist [Dr. Fink and Dr. Michals]
. Appellant himself acknowledges that reference to compelled testimony in this situation is not clear cut. "Here, appellant may not have been compelled to undergo the exam by the state’s psychiatrist in the strictest sense----” Appellant’s Brief at 19. Indeed, if Appellant would not have presented the diminished capacity defense in the first trial, he would not have been examined by Dr. Michals for rebuttal.
. We note that review and further recitation of the testimony of each expert is hampered by Appellant's failure to direct this Court's attention to the specific statements that underlie his claim. Indeed, the Commonwealth argued that it, and presumably, this Court, are "left to guess as to the specific statements with which [Appellant] takes issue” and further, Appellant “makes no proffer here as to what his testimony would have been” or "what psychiatric interview underlies the challenge." Commonwealth Brief at 8 (emphasis in original). While we acknowledge the accuracy of these complaints, we have discerned sufficient challenge by Appellant to put the claim to rest.
Dissenting Opinion
dissenting.
I respectfully differ with the majority's reasoning, which appears to conflate the analyses concerning the admission of Dr. Paul Fink’s testimony (resulting from a voluntary psychiatric examination) and the admission of Dr. Timothy Michals’ testimony (resulting from a compelled psychiatric examination by a Commonwealth expert).
Initially, I find the majority’s substantial focus on the admissibility of the expert psychiatric testimony of Dr. Fink to be misdirected, as Appellant does not argue that permitting the Commonwealth to introduce such testimony would violate his Fifth Amendment rights. Instead, Appellant consistently maintains that the presentation of testimony from Dr. Michals would impermissibly allow the Commonwealth to use Appellant’s compelled statements against him. See, e.g., Brief of Appellant at 14 (“Fifth Amendment doctrine, as well as a long history of Pennsylvania decisional law, treat the compelled disclosure of evidence resulting from a psychiatric defense to be a limited one ...”); id. at 23 (arguing that Appellant’s right to testify “was abridged by the threatened use of compelled testimony, testimony that by its nature was inadmissible for all purposes other than to rebut a mental health defense”).
In segueing to the actual issue in controversy — that is, the authorization of the admission of compelled disclosures — the majority offers the following reasoning:
[T]he Commonwealth was entitled to utilize Dr. Fink’s testimony as substantive evidence, ... the testimony of Dr. Michals clearly could have been utilized in response to those issues implicated by Dr. Fink’s testimony.
Majority Opinion, at 320, 42 A.3d at 997. The majority attempts to bolster this conclusion with an abbreviated, abstracted recitation of the testimony of Drs. Fink and Michals from Appellant’s first trial. See id. at 319-21, 42 A.3d at 997-98.
The majority’s recitation, however, is neither complete nor wholly accurate. Initially, the while the majority asserts that Appellant made “admissions of guilt” to both psychiatrists, in fact he indicated to both that he had no memory of the killing and/or had “blacked out.” See, e.g., N.T. May 1, 2002, at 89 (testimony of Dr. Fink); id. at 140 (testimony of Dr. Michals). Although Appellant’s statements may support the conclusion that he physically stabbed the victim, they do not, in fact, comprise an admission of guilt relative to the charge of first-degree murder.
Moreover, the testimony of Drs. Fink and Michals differed in other material ways. For example, Dr. Fink concluded that Appellant was psychotic and unable to form the specific intent to kill, see N.T., May 1, 2002, at 89-91; whereas, Dr. Michals opined that Appellant’s mental state did not interfere with his
Furthermore, the majority opinion seems to sanction the Commonwealth’s impeachment of a witness whose testimony it has presented. See Majority Opinion, at 320, 42 A.3d at 997 (“[I]f Appellant testified on retrial, and the Commonwealth was entitled to utilize Dr. Fink’s testimony as substantive evidence, ... then the testimony of Dr. Michals clearly could have been utilized in response to those issues implicated by Dr. Fink’s testimony.”). This, however, appears to contemplate the Commonwealth’s impeachment of its own witness, which presents an additional analytical hurdle for which the majority does not account, even absent consideration of the fact that the impeachment is via compelled, as opposed to voluntary, disclosures.
I am sympathetic to the Commonwealth’s argument that Appellant’s claim is vague in character, since it implicates a range of possibilities which never occurred, given that Appellant chose not to testify. As Appellant stresses, however, the
Finally, I note that the majority rejects the analysis of the United States Court of Appeals for the Third Circuit in Gibbs v. Frank, 387 F.3d 268 (3d Cir. 2004) (explaining that the scope of a defendant’s waiver of his right against self-incrimination in connection with a compelled examination must be understood in light of any Miranda-iike warnings issued to the defendant at the time of the examination). See Majority Opinion, at 321, 42 A.3d at 998. I differ with this approach, since warning-type issues have not been briefed in the present case. To the extent the Commonwealth may have wished to rely on such warnings as a basis for the admission of Dr. Michals’ testimony, it seems to me that it should have developed this on the record in the pre-trial proceedings in the second case. Cf. Commonwealth v. Bronshtein, 547 Pa. 460, 473, 691 A.2d 907, 913 (1997) (“The Commonwealth bears the burden of establishing whether a defendant knowingly and voluntarily waived his Miranda rights. In order to do so, the Commonwealth must establish that the warnings were given,
. If it is not clear enough from the above text, my comments are addressed to the arguments presented to this Court, which, of course, define the scope of our present review. See Commonwealth v. Briggs, 608 Pa. 430, 462 n. 19, 12 A.3d 291, 310 n. 19 (2011). Accordingly, the majority's rejoinder, by way of reference to matters presented to the trial court, see Majority Opinion, at 317-18 n. 6, 42 A.3d at 995-96 n. 6, is simply nonresponsive.
. An additional difference in the testimony of the two experts concerns an event that allegedly happened a long time prior to the killing — an event that could have had a significant impact on the jury. Dr. Michals testified that he had "gathered information that the Defendant used a gun while he was involved in a fight when he was 19 or 20 with a boyfriend of a girl he had gotten involved with.” N.T. May 1, 2002, at 144. Dr. Fink, however, did not mention this incident. See id. at 92.
. The majority does not appear to view Appellant’s statements to Dr. Michals as compelled in the first instance, since absent the presentation of a diminished capacity defense, Appellant would not have been subjected to an examination by the Commonwealth's psychiatric expert. See Majority Opinion, at 319 n. 7, 42 A.3d at 996 n. 7. However, the majority, and the caselaw upon which it relies, nonetheless characterize such statements as compelled. See id. at 320, 42 A.3d at 997 ("A defendant who raises a mental health defense can be compelled to submit to a psychiatric examination.”) (citing Commonwealth v. Morley, 545 Pa. 420, 426-27, 681 A.2d 1254, 1257 (1996)). Moreover, I agree with Appellant that the admission of such statements becomes particularly problematic when the Commonwealth seeks to use them at a second trial in which Appellant is not putting his mental status at issue or presenting his own psychiatric expert. Cf. Commonwealth v. Sartin, 561 Pa. 522, 528, 751 A.2d 1140, 1143 (2000) ("The Commonwealth may only utilize the results of its psychological examination in a rebuttal capacity, and only as to those issues which have been implicated by the expert testimony of the defendant’s psychiatrist.”).
. In this regard, I also note that the trial court, like the majority, relied substantially on authorities having to do with voluntary, and not compelled, disclosures. See Trial Court Op. at 6-7.
. Indeed, it seems to me to be very important for the prosecution to make clear on the record the nature and scope of compelled disclosures which it seeks to have admitted.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania, Appellee v. Adam ROSEN, Appellant
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- Published