COM. v. GARCIA


888 A.2d 633 (2005)

COMMONWEALTH of Pennsylvania, Appellee v. Miguel GARCIA, Appellant.

Supreme Court of Pennsylvania.

Decided December 27, 2005.


Attorney(s) appearing for the Case

Mitchell S. Strutin, Philadelphia, for Miguel Garcia, appellant.

Hugh J. Burns, Philadelphia, for the Com. of PA, appellee.

BEFORE: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION

Chief Justice CAPPY.

This court granted a limited appeal to consider the propriety of the trial court's decision to give a "no adverse inference" instruction in a multi-defendant case when one defendant requests the instruction and the other defendant requests that the instruction not be given.1 The Superior Court concluded that the trial court should give the instruction under these circumstances. For the reasons...

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