Supreme Court of Pennsylvania· 10/31/1991

Commonwealth v. Lewis

Citations

598 A.2d 975
528 Pa. 440
1991 Pa. LEXIS 235

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that defendant’s rights under Article I, Section 9 were violated by the failure to provide a no-adverse inference instruction
holding that defendant’s rights under Article I, Section 9 were violated by the failure to provide a no-adverse inference instruction
holding that failure to give no adverse inference instruction is per se reversible under state constitution, but failing to explain why violation of Carter v. Kentucky, supra, 450 U.S. 288 , 101 S.Ct. 1112 , is structural in nature
holding under state constitutional provision similar to the federal self-incrimination clause that failure to give a no-inference instruction does not constitute harmless error
failure of a trial judge to instruct a jury that they cannot draw an adverse inference from a failure to testify cannot be harmless error
failure of a trial judge to instruct a jury that they cannot draw an adverse inference from a failure to testify cannot be harmless error

Source: CourtListener parenthetical corpus (CC0).

Judges: Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy

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Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

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