COM. v. SCOTT


496 Pa. 78 (1981)

436 A.2d 161

COMMONWEALTH of Pennsylvania, Appellee, v. Delgardo SCOTT, Appellant.

Supreme Court of Pennsylvania.

Decided October 29, 1981.


Attorney(s) appearing for the Case

John H. Corbett, Jr., Paulette J. Balogh, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Kathryn L. Simpson, Dara A. DeCourcy, Asst. Dist. Attys., Pittsburgh, for appellee.

Before O'BRIEN, C.J. and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.


OPINION

KAUFFMAN, Justice.

The sole issue presented by this appeal is whether a trial court may exclude the relevant testimony of a defense witness in a criminal trial solely because of that witness' apparently inadvertent violation of a sequestration order. Because less extreme remedies were available, we conclude that total exclusion of the defense witness' testimony deprived appellant of fundamental constitutional rights and was a clear abuse of discretion...

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