Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Commonwealth of Pennsylvania v. Donald Stewart

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT


February 12, 2010

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
DONALD STEWART, RESPONDENT

Petition for Allowance of Appeal from the Order of the Superior Court

Per curiam.

ORDER

AND NOW, this 12th day of February 2010, the Petition for Allowance of Appeal is GRANTED, limited only to issue (c). The issue, as stated, by Petitioner, is: (c) Did the Superior Court err by holding that the A.D.A. had not committed prosecutorial misconduct by: (1) expressing his personal opinion of the appellant's guilt and the credibility of his witnesses during closing by suggesting to the jurors that the appellant had paid his witnesses; and (2) stigmatizing the appellant by referring him as a "predator" and a "rapist" during closing? Further, the portion of the Superior Court's opinion relating to issue (c) is VACATED, and this matter is REMANDED to the Superior Court with instructions to remand this case to the trial court to address specifically issue c.1 of Petitioner's Pa.R.A.P. 1925(b) statement of matters complained of on appeal (whether the assistant district attorney committed prosecutorial misconduct by "expressing his personal opinion of [Petitioner's] guilt and credibility of his witnesses during closing argument by suggesting to the jurors that [Petitioner] had paid his witnesses. ([Notes of Testimony] 7/21/04, at 52-53))." See Commonwealth v. DeJesus, 868 A.2d 379, 381 (Pa. 2005) (holding that the trial court's failure to discuss preserved claims of trial court error required remand to the trial court for issuance of an adequate opinion in accordance with Pa.R.A.P. 1925).

20100212

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.