Commonwealth v. Wiley, Allen (Dissenting Statement)

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[J-24-2006] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, BALDWIN, JJ. COMMONWEALTH OF PENNSYLVANIA, : : Appellant : : : v. : : : ALLEN WILEY, : : Appellee : : : : : No. 26 EAP 2005 Appeal from the Judgment of Superior Court on August 23, 2004 at No. 3036 EDA 2003 (reargument denied on October 7, 2004) Vacating and Remanding the Judgment of Sentence entered on October 1, 2003 in the Court of Common Pleas of Philadelphia County, Criminal Division at No. 0303-0833 1/1 Submitted: January 19, 2006 DISSENTING STATEMENT MR. JUSTICE EAKIN Filed: August 23, 2006 I respectfully dissent from the decision to dismiss this matter as improvidently granted. I believe this case presents the Court with the opportunity to clarify the distinctions between the inevitable discovery exception and independent source exception to the exclusionary rule.

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