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COM. v. MOLINA

No. 1948 WDA 2007.

33 A.3d 51 (2011)

2011 PA Super 237

COMMONWEALTH of Pennsylvania v. Michael MOLINA, Appellant.

Superior Court of Pennsylvania.

Filed November 9, 2011.

Attorney(s) appearing for the Case

Michael W. Streily , Deputy District Attorney and Thomas N. Farrell , Assistant District Attorney, Pittsburgh, for appellant.

Francesco L. Nepa , Pittsburgh, for appellee.

BEFORE: STEVENS, P.J., FORD ELLIOTT, P.J.E., MUSMANNO, BENDER, GANTMAN, DONOHUE, ALLEN, LAZARUS, and OLSON, JJ.

OPINION BY FORD ELLIOTT, P.J.E.

Michael Molina appeals nunc pro tunc from the judgment of sentence entered in the Court of Common Pleas of Allegheny County following his conviction for murder in the third degree and unlawful restraint. Herein, we are asked to determine whether the Commonwealth may urge the jury to use a non-testifying defendant's pre-arrest, pre-Miranda1 silence as substantive evidence of his guilt. For the...

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