“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.