Opinion

Commonwealth v. Baez

  • 494 Pa. 388
  • 431 A.2d 909
  • 1981 Pa. LEXIS 1052
Court
Supreme Court of Pennsylvania
Filed
Oct 2, 1981
Status
Published
Author
Flaherty
On the bench
O'Brien, Roberts, Nix, Larsen, Flaherty, Kauffman
Cited by
24 cases

holding that a witness cannot be confronted with the out-of-court statements of other witnesses on cross-examination

How later courts described this case

  • holding that a witness cannot be confronted with the out-of-court statements of other witnesses on cross-examination
  • “[t]he credibility of a witness may be impeached ... by showing that on a prior occasion he made a statement, either oral or written, that is inconsistent with his present testimony....”
  • detective’s written account of what a third-party witness had told him is the type of unreliable out-of-court declaration the hearsay rule was designed to exclude
  • trial court erred in permitting prosecution to impeach defendant with another witness's hearsay statement to police which contradicted defendant's testimony

Written by the judges who cited it.

The opinion

FLAHERTY, Justice,

concurring.

I join in the opinion authored by Mr. Justice Kauffman, but feel constrained to write separately due to a statement contained in that opinion regarding declarations, otherwise inadmissible hearsay, which bear “indicia of reliability.” The opinion of Mr. Justice Kauffman notes that the admissibility of such declarations is not the “settled law” of this Commonwealth. However, it is to be emphasized that not only is it not the settled law, it is not the law to any extent applicable in Pennsylvania.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.