Opinion

Commonwealth v. Sanchez

  • 407 Pa. Super. 234
  • 595 A.2d 617
  • 1991 Pa. Super. LEXIS 2186
Court
Superior Court of Pennsylvania
Filed
Aug 2, 1991
Status
Published
Author
Hoffman
On the bench
Popovich, Johnson, Hoffman
Cited by
7 cases
Authority
More cited than 9.7%

holding that references to defendant as an “illegal alien” were inadmissible; however, the error was harmless on direct appeal

How later courts described this case

  • holding that references to defendant as an “illegal alien” were inadmissible; however, the error was harmless on direct appeal
  • noting that references to the defendant as an illegal alien were prejudicial because they permitted the jury to infer that the defendant was prone to engage in criminal conduct

Written by the judges who cited it.

The opinion

HOFFMAN, Judge,

dissenting:

I respectfully note my dissent. I believe that the harmless error doctrine has been indiscriminately exaggerated and overextended. The jury here reasonably could have made the inference that appellant had engaged in prior criminal activity. Indeed, to the average juror the revelation that appellant was an “illegal alien” connotes malodorous and repugnant behavior. From those deliberate references to this unrelated and irrelevant criminal activity, the juror could derive appellant’s guilt. Therefore, I would find that the error was not harmless and that there was a reasonable possibility, even likelihood, that the references by the Commonwealth contributed to the conviction. See Commonwealth v. Story, 476 Pa. 391, 409 , 383 A.2d 155, *245 166 (1978) (citation omitted). Accordingly, I would remand for a new trial.

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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