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Commonwealth v. Smith

Citations

  • 647 A.2d 907
  • 436 Pa. Super. 277
  • 1994 Pa. Super. LEXIS 2806

How courts have described this case

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

  • stating that a preliminary hearing is “a much less searching exploration into the merits of a case than a trial”
  • holding that the transcript by unavailable witness at preliminary hearing where no cross-examination took place was inadmissible where defense did not have ability to impeach or attack credibility and bias of only eye witness because Commonwealth faked to disclose prior record of witness
  • stating that a preliminary hearing is “a much less searching exploration into the merits of a case than a trial”
  • noting trial court precluded former preliminary hearing testimony of confidential informant (“CI”
  • admission of witness’s preliminary hearing testimony insufficient and prejudicial where evidence of bias could have been elicited if testimony were live
  • because issue of credibility important at trial, and because credibility not an issue at preliminary hearing, preliminary hearing testimony inadmissible because defendant did not have a \full and fair opportunity for cross-examination\

Source: CourtListener parenthetical corpus (CC0).

Judges: Rowley, Kelly, Popovich

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.