Public-domain · open source
OpenJurist

441 Pa. 28

Commonwealth v. Fletcher

Supreme Court of Pennsylvania

Decided October 9, 1970

Supreme Court of Pennsylvania · decided 1970-10-09

Cited by 15 later decisions — most recently December 1988

1 federal appellate · 14 state decisions

Relies on Bloom v. Illinois · Baldwin v. New York

Good law ✅— No negative treatment on recordhow we know

Decided 1970-10-09

View the full empirical analysis of this case →

¶1Dissenting Opinion by

Mr. Chibe Justice Bell :

¶2I believe defendant’s conduct was contemptuous, and I would reverse and remand for imposition of a “petty” sentence, viz., six months or less: Baldwin v. New York, 399 U.S. 66, 90 S. Ct. 1886—or for the appointment of new counsel and a new trial with a jury if the sentence imposed is over six months.

¶3If the Legislature has fixed a maximum sentence or penalty which exceeds six months, the sentence or penalty is “serious” and requires a trial by jury. If the Legislature has not fixed a maximum sentence or penalty which exceeds six months, the sentence or penalty actually imposed is determinative of whether the contempt was “petty” or “serious.” Bloom v. Illinois, 391 U.S. 194.

/441/pa/28 · .json · Public domain