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Commonwealth v. Erb

Supreme Court of Pennsylvania
Feb 6, 1990
569 A.2d 352 (Pa. 1990)

Summary

In Commonwealth v. Erb, 524 Pa. 103, 569 A.2d 352 (1990), our Supreme Court reversed an unpublished order of this Court which had granted a new trial based upon the exclusion of excerpt from the complainant's diary describing her sexual interest in a boyfriend, which had been offered to establish a motive to make false charges of sexual assault against her father, who had allegedly thwarted the relationship between his daughter and the boyfriend by recently moving the family.

Summary of this case from Com. v. Nieves

Opinion

Argued January 26, 1990.

Decided February 6, 1990. Reargument Denied March 26, 1990.

Appeal from the Court of Common Pleas, Delaware County, Criminal Division, 1987 at No. 5315-85, Anthony R. Semararo, J.

William H. Ryan, Dist. Atty., Sandra L. Elias, Chief, Law Appeals Unit, Vram Nedurian, Jr., Asst. Dist. Atty., for appellant.

Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Deborah Fleisher, Philadelphia, Chief, Appeals Div., for amicus — Phila. D.A.

Joseph D. Branca, Aston, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


ORDER


The Order of the Superior Court is reversed. 380 Pa. Super. 645, 547 A.2d 436 (1988). We conclude that the trial court did not abuse its discretion in excluding those portions of the victim's diary which were protected by the Rape Shield Law, 18 Pa.C.S.A. § 3104. Commonwealth v. Majorana, 503 Pa. 602, 470 A.2d 80 (1983).


Summaries of

Commonwealth v. Erb

Supreme Court of Pennsylvania
Feb 6, 1990
569 A.2d 352 (Pa. 1990)

In Commonwealth v. Erb, 524 Pa. 103, 569 A.2d 352 (1990), our Supreme Court reversed an unpublished order of this Court which had granted a new trial based upon the exclusion of excerpt from the complainant's diary describing her sexual interest in a boyfriend, which had been offered to establish a motive to make false charges of sexual assault against her father, who had allegedly thwarted the relationship between his daughter and the boyfriend by recently moving the family.

Summary of this case from Com. v. Nieves
Case details for

Commonwealth v. Erb

Case Details

Full title:COMMONWEALTH of Pennsylvania, Appellant, v. Chester ERB

Court:Supreme Court of Pennsylvania

Date published: Feb 6, 1990

Citations

569 A.2d 352 (Pa. 1990)
569 A.2d 352

Citing Cases

Com. v. Nieves

Several cases have demonstrated the significance of these limitations. In Commonwealth v. Erb, 524 Pa. 103,…