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COM. v. MOLINA

No. 25 WAP 2012

104 A.3d 430 (2014)

COMMONWEALTH of Pennsylvania, Appellant, v. Michael MOLINA, Appellee.

Supreme Court of Pennsylvania.

Decided November 20, 2014.

Attorney(s) appearing for the Case

Francesco Lino Nepa, Esq. , Michael Wayne Streily, Esq. , Allegheny County District Attorney's Office, for Commonwealth of Pennsylvania.

Heather F. Gallagher, Esq. , Lehigh County District Attorney's Office, Shawn C. Wagner, Esq. , Office of the District Attorney, for Pennsylvania District Attorney's Association, amicus curiae.

Thomas N. Farrell, Esq. , Pittsburgh, for Michael Molina.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

We granted review in this case to consider whether a defendant's right against self-incrimination, as protected by the federal and Pennsylvania constitutions, is violated when the prosecution utilizes a non-testifying defendant's pre-arrest silence as substantive evidence...

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