Com. v. Matthews, R. ( 2015 )

J-A32006-14
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
ROD MATTHEWS
Appellant No. 415 EDA 2013
Appeal from the Judgment of Sentence September 21, 2012
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0009582-2010
BEFORE: PANELLA, J., OLSON, J., and FITZGERALD, J.*
DISSENTING STATEMENT BY FITZGERALD, J.: FILED MAY 26, 2015
The majority has astutely considered Appellant’s Brady1 claim based
on the nondisclosure of the arresting officers’ statements to internal affairs.
I write separately, however, because I am of the view that Appellant
established a Brady violation. Accordingly, rather than remand for a further
hearing on the materiality of the officers’ statements and the prejudice
resulting from the Commonwealth’s failure to disclose, I would vacate the
judgment of sentence and remand for a new trial. Therefore, I respectfully
dissent.
*
Former Justice specially assigned to the Superior Court.
1
Brady v. Maryland, 373 U.S. 83 (1963).