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• Title: Commonwealth Pennsylvania v. Larry E.
• Author : Supreme Court of Pennsylvania
• Release Date : January 11, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

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JUSTICE PAPADAKOS* In this appeal, we must address the issue left unresolved in our recent decisions of Commonwealth v. Ludwig, 527 Pa. 472,
594 A.2d 281 (1991) and Commonwealth v. Lohman, 527 Pa. 492, 594 A.2d 291 (1991). In both Ludwig and Lohman, we held that
the use of closed circuit television to transmit the testimony of a witness violated Article I, Section 9 of the Pennsylvania
Constitution. However, neither of those appeals addressed the constitutionality of 42 Pa.C.S. §§ 5984
or 5985 (a) since both sections were adopted subsequent to the trials in Ludwig and Lohman. This appeal presents us with the
opportunity to address specifically the constitutionality of both provisions. Because we find that §§
5984 and 5985(a) fail to limit the use of video tape in closed circuit television to those instances in which the accused's
right to face to face confrontation has been otherwise satisfied, we must hold both provisions unconstitutional. Subjective
fears of the witness, without more, are insufficient to restrict the accused's constitutional right to confront a witness
face to face. Furthermore, in light of our Disposition of the constitutional issue requiring a new trial for the Appellees,
we must address the issue raised by the Commonwealth regarding the suppression of the tapes recorded from the residence adjacent
to Appellees' residence.

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