Com. of Pa. v. F. Costa, Aplt (Concurring Opinion)
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[J-131-1999] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : FRANK COSTA, : : Appellant : : : : : No. 25 W.D. Appeal Docket 1999 Appeal from the Order of the Superior Court entered on July 7, 1998 at No. 1600PGH97, affirming the Judgment of Sentence of the Court of Common Pleas of Cambria County entered on March 21, 1994 at Criminal Division Nos. 1391, 1392 & 1393-1993. 724 A.2d 953 (Pa. Super. 1998) SUBMITTED: September 14, 1999 CONCURRING OPINION MR. JUSTICE NIGRO DECIDED: DECEMBER 20, 1999 I agree with the majority that the prosecutor in the instant case violated Appellant s constitutional rights when he elicited testimony regarding Appellant s post-arrest silence. I write separately, however, to note my view that there should be an immediate mistrial whenever the prosecution, which should be acutely aware of the case law which supports a defendant s constitutional right to remain silent, solicits a response from its witness at trial which refers to the defendant s post-arrest silence.
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