Opinion

Commonwealth v. Karash

  • 175 A.3d 306
Court
Superior Court of Pennsylvania
Filed
Nov 16, 2017
Status
Published
Author
Ott
On the bench
Bowes, Lazarus, Ott
Cited by
9 cases

“a panel of this Court cannot overrule the decision by another panel”

How later courts described this case

  • “a panel of this Court cannot overrule the decision by another panel”

Written by the judges who cited it.

The opinion

CONCURRING STATEMENT BY

OTT, J.: I am constrained to agree with the Majority that the decision in Banellis is controlling, and accordingly, we must reverse the appellant’s judgment of sentence.

Nevertheless, I agree with the comment of the Williams Court that this interpretation of the statute will lead to an “absurd result.” Williams, supra, 872 A.2d at 189. Indeed, I find it difficult to believe the legislature, when enacting this statute, intended to require the Commonwealth to prove a negative in every prosecution under this section.

Judge Lazarus joins the concurring statement.

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.