Opinion

Commonwealth v. McGrogan

  • 523 Pa. 614
  • 568 A.2d 924
  • 1990 Pa. LEXIS 5
Court
Supreme Court of Pennsylvania
Filed
Jan 17, 1990
Status
Published
On the bench
Nix, Larsen, Flaherty, McDermott
Cited by
31 cases

holding that the privilege against self-incrimination prevents an individual from providing evidence which may lead to his own prosecution and may be invoked by an individual who has a reasonable basis for believing his testimony will be incriminatory

How later courts described this case

  • holding that the privilege against self-incrimination prevents an individual from providing evidence which may lead to his own prosecution and may be invoked by an individual who has a reasonable basis for believing his testimony will be incriminatory
  • “Our holding is limited to the facts sub judice….”
  • “Where other evidence tends to implicate [a potential] witness in criminal activity, the witness may have justification for invoking his Fifth Amendment privilege to prevent being harmed by his own words.”
  • “Where other evidence tends to implicate the witness in criminal activity, the witness may have justification for invoking his Fifth Amendment privilege to prevent being harmed by his own words.”

Written by the judges who cited it.

The opinion

dissenting.

If, as the majority suggests, the only reason Mr. Steele would not testify is that the truth would inculpate him, the matter should end here and now, as he is the only witness that inculpates the appellee. I would remand the case to determine if that is his position, or whether there are other sufficient reasons that would make him legally privileged.

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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