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Commonwealth of Pennsylvania v. James Monroe Baldwin

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT


December 5, 2011

COMMONWEALTH OF PENNSYLVANIA, RESPONDENT
v.
JAMES MONROE BALDWIN, PETITIONER

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

Per curiam.

ORDER

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?

Madame Justice Orie Melvin did not participate in the consideration or decision of this matter.

20111205

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