Opinion

Commonwealth v. Cabeza

  • 503 Pa. 228
  • 469 A.2d 146
  • 1983 Pa. LEXIS 819
Court
Supreme Court of Pennsylvania
Filed
Dec 29, 1983
Status
Published
Author
Hutchinson
On the bench
Flaherty, Hutchinson, Larsen, McDERMOTT, Nix, Roberts, Zappala
Cited by
159 cases
Authority
More cited than 9.0%

holding “that where an appellate decision overrules prior law and announces a new principle, unless the decision specifically declares the ruling to be prospective only, the new rule is to be applied retroactively to cases where the issue in question is properly preserved at all stages of adjudication up to and including any direct appeal”

How later courts described this case

  • holding “that where an appellate decision overrules prior law and announces a new principle, unless the decision specifically declares the ruling to be prospective only, the new rule is to be applied retroactively to cases where the issue in question is properly preserved at all stages of adjudication up to and including any direct appeal”
  • explaining that, in both civil and criminal matters, in order for a new rule of law to apply retroactively to a case pending on direct appeal, the issue had to be preserved at "all stages of adjudication up to and including any direct appeal”
  • stating “where an appellate decision overrules prior law and announces a new principle, unless the decision specifically declares the ruling to be prospective only, the new rule is to be applied retroactively to cases where the issue in question is properly preserved at all stages of adjudication up to and including any direct appeal”
  • noting general rule that only a party whose case remains pending on direct appeal is entitled to benefit of newly announced rule of law

Written by the judges who cited it.

The opinion

HUTCHINSON, Justice,

dissenting.

For the reasons set forth therein, I join that portion of Mr. Justice McDermott’s Dissenting Opinion which would hold Commonwealth v. Scott, 496 Pa. 188 , 436 A.2d 607 (1981) was wrongly decided. However, accepting Scott as the law of this Commonwealth, as I must since the majority has chosen not to overrule it, I agree with the conclusion that retroactive application is appropriate here.

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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