Opinion

Commonwealth v. Batty

  • 482 Pa. 173
  • 393 A.2d 435
  • 1978 Pa. LEXIS 1085
Court
Supreme Court of Pennsylvania
Filed
Oct 27, 1978
Status
Published
Author
Manderino
On the bench
Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino, Larsen
Cited by
36 cases
Authority
More cited than 7.5%

explaining the rationale for this presumption

How later courts described this case

  • explaining the rationale for this presumption
  • endorsing the procedural rights of a juvenile enumerated by the U.S. Supreme Court in Kent v. United States, supra

Written by the judges who cited it.

The opinion

MANDERINO, Justice,

dissenting.

I dissent. The majority proceeds on the false assumption that judges have control of their emotions superior to laymen. The majority states, “[wjhile the photographs instantly may have been deemed inflammatory, ... a judge, as the trier of fact, possesses the training, skill, and experience to enable him to view such photographs in a manner so as to preclude prejudicial opinions based on emotion.” (at 178). I must emphatically disagree. Judges receive training in the procedures of fairness but I know of no judge who was trained in law school — if indeed, one ever could be — in *184 how to react more fairly to inflammatory stimuli than other adult individuals. Commonwealth v. Green, 464 Pa. 557, 566 , 347 A.2d 682, 686 (1975) (Manderino, J., dissenting opinion.)

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.