# Commonwealth v. Brown

> Supreme Court of Pennsylvania · December 29, 1983 · 503 Pa. 514

URL: https://www.frixlaw.com/law-library/cases/9709785

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Louis BROWN, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 29, 1983
- **Citations:** 503 Pa. 514; 469 A.2d 1371; 1983 Pa. LEXIS 815
- **Precedential status:** Published
- **Opinion:** Dissent by McDERMOTT
- **Judges:** Roberts, Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala
- **Cited by:** 76 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Limited by Lyness v. Com., State Bd. of Medicine, 127 Pa. Commw. 225 (1989).
- Negative treatments: 1
- Distinguished by: 3
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9709785

## How later opinions describe it (automated extraction)

- explaining the required application of issue preclusion, rooted in the Fifth Amendment’s guarantee against double jeopardy, as concerns issues of ultimate fact decided favorably to an accused via a valid and final judgment citing Ashe v. Swenson, 397 U.S. 436, 443, 90 S.Ct. 11…
- holding that the Commonwealth cannot establish probation violation where defendant was acquitted of the charges that constituted the alleged VOP

## Opinion text

McDERMOTT, Justice,
dissenting.
I dissent and would affirm based upon the opinion of the Superior Court. See Commonwealth v. Brown, 281 Pa.Super. 348 , 422 A.2d 203 (1980).
HUTCHINSON, J., joins in this dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9709785. Public record. Not legal advice.