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169 A.3d 1067

Commonwealth v. Smith, J.

Supreme Court of Pennsylvania

Decided July 26, 2017

Supreme Court of Pennsylvania · decided 2017-07-26

Cited by 1 later decisions — most recently June 2018

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2017-07-26

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¶1 ORDER

PER CURIAM

¶2 AND NOW, this 26th day of July, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner are:

(1) The Pennsylvania Superior Court’s Opinion misapplies the Deadly Weapon Used enhancement, which leads to a result inconsistent with statutory construction by reading an additional specific intent element into the Deadly Weapon Used statute that does not exist in the plain language[.]
(2) The Pennsylvania Superior Court rendered a decision that is inconsistent with the plain language of Commonwealth v. Buterbaugh, infra, and thereby leads to a misapplication of Buterbaugh and an irreconcilable conflict between Superior Court case law[.]
(3)The Pennsylvania Superior Court’s decision is inconsistent with fundamental notions of mens rea and the applicability of mens rea when no mens rea is specifically stated, improperly creating a default mens rea of specific intent.
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