COM. v. MOOSE


529 Pa. 218 (1992)

602 A.2d 1265

COMMONWEALTH of Pennsylvania, Appellant, v. Carlos Eugene MOOSE, Jr., Appellee.

Supreme Court of Pennsylvania.

Decided January 22, 1992.


Attorney(s) appearing for the Case

H. Stanley Rebert, Dist. Atty., for appellant.

Allen H. Smith, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION OF THE COURT

CAPPY, Justice.

The principal question we are called upon to decide is whether statements surreptitiously obtained by a jailhouse informant from appellee awaiting trial violated appellee's Sixth Amendment rights when admitted against him in that trial, where the informant was acting pursuant to "an implied understanding" with the district attorney. For the reasons that follow, we hold that appellee's Sixth Amendment rights were violated...

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