Opinion

Commonwealth v. Berkheimer

  • 501 Pa. 85
  • 460 A.2d 233
  • 1983 Pa. LEXIS 549
Court
Supreme Court of Pennsylvania
Filed
May 19, 1983
Status
Published
Author
Hutchinson
On the bench
Roberts, Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala
Cited by
8 cases

defendant “was in custody -9- J-S42004-24 and under indictment at the time he was engaged in conversation by the informant.”

How later courts described this case

  • defendant “was in custody -9- J-S42004-24 and under indictment at the time he was engaged in conversation by the informant.”
  • suppression court’s determination is final except in the case of evidence not earlier available

Written by the judges who cited it.

The opinion

HUTCHINSON, Justice,

concurring.

I join the majority in this case because I believe the “interests of justice” are better served by reopening the suppression hearing to consider the Sixth Amendment claim than by suffering a possible collateral attack on the conviction by a charge of ineffectiveness.

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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