Opinion

Commonwealth v. Robinson

  • 583 Pa. 358
  • 877 A.2d 433
  • 2005 Pa. LEXIS 1328
Court
Supreme Court of Pennsylvania
Filed
Jun 22, 2005
Status
Published
Author
Baer
On the bench
Cappy, Castille, Nigro, Newman, Saylor, Eakin, Baer
Cited by
93 cases

stating, “Appellant never asked counsel for guidance during opening statements. He cannot now claim he was ineffective or that standby counsel was ineffective because he never sought her guidance.”

How later courts described this case

  • stating, “Appellant never asked counsel for guidance during opening statements. He cannot now claim he was ineffective or that standby counsel was ineffective because he never sought her guidance.”
  • developing the position that the adoption of an unnecessarily broad construction of the in-perpetration-of-a-felony aggravator, 42 Pa.C.S. § 9711(d)(6), is in tension with the requirement of sufficiently narrowing the class of eligible defendants as noted in Zant
  • finding that the appellant was not prejudiced by the prosecutor's reference to the victim's religion because the comment was so brief it did not affect the jury's decision
  • holding that prosecutorial misconduct does not occur unless the jurors form “a fixed bias and hostility toward the defendant” based on the prosecutor’s comments

Written by the judges who cited it.

The opinion

*387 Justice BAER,

concurring in part and dissenting in part.

I join the Majority opinion as to its resolution of the guilt phase issues.

I, however, join Mr. Justice Saylor’s dissenting opinion only as to his conclusion that, in the penalty phase of a capital case, the finding of the “in perpetration of a felony” aggravating circumstance, 42 Pa.C.S. § 9711(d)(6), should be limited to the six felonies enumerated in Section 2502(d) of the Crimes Code, 18 Pa.C.S. § 2502(d). Here, Appellant was never convicted of any of the felonies enumerated in Section 2502(d); therefore, I agree with Mr. Justice Saylor that Appellant’s (d)(6) aggravator should be stricken and that Appellant should receive a new penalty phase hearing consistent with this determination.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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