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580 Pa. 68

859 A.2d 1254

Commonwealth v. Delbridge

Supreme Court of Pennsylvania

Decided October 21, 2004

Supreme Court of Pennsylvania · decided 2004-10-21

Relies on Commonwealth v. Delbridge

Good law ✅— No negative treatment on recordhow we know

Decided 2004-10-21

How this case has been cited

Cited by 18 later decisions — most recently August 2023

18 state decisions

90200420102020decided

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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Justice NIGRO,

¶1concurring.

¶2I continue to believe, as more fully explained in my dissenting opinion in the first Commonwealth v. Delbridge, 578 Pa. 641, 855 A.2d 27 (2003) (“Delbridge I ”), that taint is a matter of credibility, not competency, and is therefore not the proper subject of either expert testimony or a competency hearing. On that basis, I disagreed with the majority’s decision in Delbridge I to remand the instant matter for a new competency hearing to explore Appellant’s allegations of taint. However, as such a competency hearing has now been held, consistent with the mandate of a majority of this Court, I certainly agree with the majority here that Appellant has failed to meet his burden of proving by clear and convincing evidence that the children were, in fact, tainted.

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