# Commonwealth v. Cabeza

> Supreme Court of Pennsylvania · December 29, 1983 · 503 Pa. 228

URL: https://www.frixlaw.com/law-library/cases/9709637

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellant, v. Davico L. CABEZA, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 29, 1983
- **Citations:** 503 Pa. 228; 469 A.2d 146; 1983 Pa. LEXIS 819
- **Precedential status:** Published
- **Opinion:** Dissent by Hutchinson
- **Judges:** Flaherty, Hutchinson, Larsen, McDERMOTT, Nix, Roberts, Zappala
- **Cited by:** 159 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9709637

## How later opinions describe it (automated extraction)

- 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 a…
- 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 st…
- noting general rule that only a party whose case remains pending on direct appeal is entitled to benefit of newly announced rule of law

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9709637. Public record. Not legal advice.