Commonwealth v. Spotz, 58 A.3d 748 (Pa. 2012). · Go Syfert
Commonwealth v. Spotz, 58 A.3d 748 (Pa. 2012). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Cited for

No citing cases on record.

Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania
v.
Mark Newton SPOTZ
Supreme Court of Pennsylvania.
Nov 28, 2012.
Published opinion
58 A.3d 748
2012 WL 5950659
2012 Pa. LEXIS 2782
Consideration, Eakin, Matter.
Cited by 1 opinion  |  Published

ORDER

PER CURIAM.

AND NOW, this 28th day of November 2012, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner are:

(1) Whether the Superior Court erred when it exceeded its scope of review and rejected the trial court’s credi[*749] bility finding with respect to trial counsel’s testimony at the PCRA hearing?
(2) Whether the Superior Court erred in finding that the Respondent was unduly prejudiced by counsel’s failure to object to the prosecution’s references to Respondent’s silence?
(3) Whether the Superior Court erred when it failed to review trial counsel’s actions/inactions with regard to the jury instructions and failed to make a determination as to whether counsel had a reasonable basis for his actions/inactions?
(4) Whether the Superior Court erred in finding that the Respondent was unduly prejudiced by trial counsel’s failure to object to the jury instruction as to justification with respect to defense of others and the duty to retreat?
Justice EAKIN did not participate in the consideration or decision of this matter.