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COM. v. SPOTZ

870 A.2d 822 (2005)

COMMONWEALTH of Pennsylvania, Appellant/Cross-Appellee v. Mark N. SPOTZ, Appellee/Cross-Appellant.

Supreme Court of Pennsylvania.

Decided March 29, 2005.

Attorney(s) appearing for the Case

Paul Edward Cherry, Clearfield, for the Com. of PA.

Mary Rebecca Ennis, Broomall, Paul Boas, Pittsburgh, for Mark N. Spotz.

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

OPINION

Justice CASTILLE.

The dispositive issue in these cross-appeals is whether the Superior Court erred in finding that trial counsel for appellee/cross-appellant Mark N. Spotz ("appellee") was ineffective, as a matter of law, for failing to object to alleged prosecutorial references to appellee's post-arrest silence. For the following reasons, we reverse the Superior Court's grant of a new trial on this claim, reinstate appellee's judgment of...

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