Commonwealth v. Rivera, J. - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. JONATHAN RIVERA, Petitioner : No. 494 MAL 2021 : : : Petition for Allowance of Appeal : from the Order of the Superior Court : : : : : : ORDER PER CURIAM AND NOW, this 23rd day of February, 2022, the Petition for Allowance of Appeal is GRANTED. The issue as stated by petitioner is: Whether prejudice is presumed from the improper use at trial of post-arrest, postMiranda silence, requiring the Commonwealth to show beyond a reasonable doubt that the error did not affect the verdict—or whether, as the Superior Court held, the standard that governs the use of pre-arrest silence, from which prejudice is not presumed, also governs constitutional harmless error from the improper use of post-arrest, post-Miranda silence?

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