Public-domain · open source
OpenJurist

588 Pa. 1

902 A.2d 419

Commonwealth v. Ellison

Supreme Court of Pennsylvania

Decided July 19, 2006

Supreme Court of Pennsylvania · decided 2006-07-19

Relies on Commonwealth v. Metz

Good law ✅— No negative treatment on recordhow we know

Decided 2006-07-19

How this case has been cited

Cited by 11 later decisions — most recently March 2017

11 state decisions

6020062010decided

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.

View the full empirical analysis of this case →

Justice EAKIN

¶1concurring.

¶2Appellant’s claim based on an inadequate voir dire was not preserved for review and is therefore waived, as the Superior Court correctly found. Commonwealth v. Ellison, No. 1857 Philadelphia 1998, 1999 WL 964593, unpublished memorandum at 4 (Pa.Super. filed June 16, 1999). That court nevertheless reached the merits. The majority opinion also recognizes this claim was not properly preserved, but likewise reviews the merits. See Majority Op., 588 Pa. at 4-5, 902 A.2d at 421-22. I believe this is a dangerous path for our appellate courts to *16travel. See Commonwealth v. Metz, 534 Pa. 341, 633 A.2d 125, 126 (1993) (“However, because we find that Appellant waived this issue, we do not reach it. Nor do we find it appropriate for the Superior Court to have reached it.”) Accordingly, while the claims are likely meritless, I find no basis on which to reach them at all.

/588/pa/1 · .json · Public domain