Com. v. Matthews, W. (concurring memorandum)

Annotate this Case

Download PDF

J-S41013-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA v. WARREN DARNELL MATTHEWS Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 125 MDA 2020 Appeal from the Judgment of Sentence Entered November 25, 2019 In the Court of Common Pleas of York County Criminal Division at No(s): CP-67-CR-0001519-2019, BEFORE: KUNSELMAN, J., McLAUGHLIN, J., and STRASSBURGER, J.* CONCURRING MEMORANDUM BY STRASSBURGER, J.: FILED DECEMBER 01, 2020 I join the Majority’s memorandum with the additional comment that, although the law guiding our analysis of weight-of-the-evidence claims applies to jury and non-jury trials, see Majority Memorandum at 6, it would be highly incongruous for a trial judge presiding over a non-jury trial to find her own decision shocks her conscience. As in this case, a judge in a non-jury trial has the dual duties of determining the weight and admissibility of evidence. A trial court sitting as fact-finder is unlikely to find, in response to a post-sentence motion, that it reached a verdict contrary to the evidence. ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-S48019-19 -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.