Commonwealth v. Miller (Dissenting Opinion)

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[J-138-2002] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : : Appellee : : : v. : : : KENNETH MILLER, : : Appellant No. 292 CAP Appeal from the judgment of sentence entered December 23, 1999 in the Court of Common Pleas, Philadelphia County, Criminal Division, at No. 9809-238 2/2. RESUBMITTED: June 19, 2002 DISSENTING OPINION MR. CHIEF JUSTICE ZAPPALA DECIDED: September 5, 2002 I join Justice Nigro's dissenting opinion that the Appellant is entitled to a new trial because the prosecution improperly bolstered and vouched for the credibility of Blakeney. I also join Justice Saylor's concurring and dissenting opinion as it relates to the remaining issues.

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