Comm. v. Jacobs (Concurring Opinion)

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[J-121-1998] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 177 Capital Appeal Docket : Appellee : : : v. : : SUBMITTED: MAY 11, 1998 : DANIEL JACOBS, : : Appellant : : : : : CONCURRING OPINION MR. JUSTICE NIGRO DECIDED: March 26, 1999 I join in the Majority opinion. With regard to footnote number 8, however, I note that I agree that a standardized Simmons instruction should be given in all capital cases for the reasons more fully explained in my concurring opinion in Commonwealth v. Clark, 710 A.2d 31, 43-44 (Pa. 1998) (Nigro, J., concurring). Mr. Chief Justice Flaherty joins in the Concurring Opinion.

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