Commonwealth v. Baldwin

Full title: COMMONWEALTH of Pennsylvania, Respondent v. James Monroe BALDWIN…

Court: Supreme Court of Pennsylvania.

Date published: Dec 5, 2011

32 A.3d 1259 (Pa. 2011)

Opinion

2011-12-5

COMMONWEALTH of Pennsylvania, Respondent v. James Monroe BALDWIN, Petitioner.

PER CURIAM.

Petition for Allowance of Appeal from the Order of the Superior Court, No. 636 WAL 2010.

Prior report: Pa.Super., 8 A.3d 901.

ORDER

PER CURIAM.

AND NOW, this 5th day of December, 2011, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by Petitioner, is:

Whether the test employed in United States v. Peterson, 233 F.3d 101 (1st Cir.2000), adopted by the Superior Court in this case, to be utilized when a criminal defendant seeks to testify after the close of evidence, is an unconstitutional burden on a citizen's fundamental right to testify in his own defense?

Justice ORIE MELVIN did not participate in the consideration or decision of this matter.