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353 Pa. Super. 615

510 A.2d 1235

Commonwealth v. Dudley

Supreme Court of Pennsylvania

Decided June 5, 1986

Supreme Court of Pennsylvania · decided 1986-06-05

Relies on Commonwealth v. Butler

Good law ✅— No negative treatment on recordhow we know

Decided 1986-06-05

How this case has been cited

Cited by 9 later decisions — most recently January 2015

9 state decisions

401986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MONTEMURO, Judge,

¶1dissenting:

¶2I dissent. Commonwealth v. Butler, 232 Pa.Super. 283, 331 A.2d 678 (1974), upon which the majority relies heavily for its conclusion, also requires that to inject at least a *622semblance of relevancy into its admission, testimony with regard to a witness’ psychiatric history contain some specific indication that an illness existed at the time of and somehow influenced the events of the date in question. Here there is none; the treatment, occurring subsequent to the rape, could as well have been necessitated by the attack as causally connected to it. In fact the psychiatrist, whose evidence the majority find so vital, at the ineffectiveness of counsel hearing directly contradicted the offer of proof for her putative trial testimony. There is no reason to reverse on this basis, and, since the majority somewhat quixotically finds the issue moot, the necessity for remand is obviated.

¶3I would accordingly affirm.

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