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COM. v. DINICOLA

866 A.2d 329 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. David Joseph DiNICOLA, Appellee.

Supreme Court of Pennsylvania.

Decided January 19, 2005.

Attorney(s) appearing for the Case

Paula C. DiGiacomo, for the Com. of PA, appellant.

J. Wesley Rowden, Meadville, for David Joseph DiNicola, appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Chief Justice CAPPY.

This appeal presents the question of whether Appellee's Fifth Amendment privilege against self-incrimination was violated by reference to his pre-arrest silence. This question is brought before our court by Appellant who challenges the determination that trial counsel was ineffective. Because we find no violation of Appellee's Fifth Amendment privilege, the attendant finding of ineffective assistance of trial counsel was...

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