COM. v. LETTAU

No. 1 WAP 2009.

986 A.2d 114 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. David John LETTAU, Appellee.

Supreme Court of Pennsylvania.

Decided December 29, 2009.


Attorney(s) appearing for the Case

Mark Andrew Lope, for Commonwealth of Pennsylvania.

Charles Michael Nedz, for David John Lettau.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.


OPINION

Justice GREENSPAN.

In this case, we consider the extent to which evidence of a defendant's pre-arrest silence and lack of cooperation with a police investigation can be used against him when he testifies at trial. Because we determine that evidence of the defendant's pre-arrest lack of cooperation was properly admitted as rebuttal evidence and any argument as to any other use of such evidence was not properly preserved, we reverse the Superior...

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