A blog of the Philadelphia Bar Association’s Criminal Justice Section

seal_colorBy Burt Rose

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COMMONWEALTH of Pennsylvania v. Len Allen GREEN, Appellant,87 A.3d 336, 2014 PA Super 42 (3/5/14) was a decision of a panel of the Superior Court of Pennsylvania, 1105 MDA 2013. The Appellant had pled guilty in the Court of Common Pleas, Adams County, Criminal Division, No. CP–01–CR–0001078–2012, before Judge Campbell to theft by unlawful taking, and he appealed. The case was before Judges DONOHUEOTT and Platt, who wrote the Opinion for the panel without dissent.

 

The Court held that compelled disclosure of the location of the stolen items as a condition of Appellant’s probation violated his right against self-incrimination, even though the Appellant had already pleaded guilty to theft and thus disclosure of the items’ location would not further incriminate him in this case, as disclosure of the location of the victim’s numerous valuable property items might well lead to additional incriminating information, criminal investigations, and prosecutions.

 

The Court concluded that the trial court had improperly ordered Appellant’s non-immunized disclosure of the location of the stolen items as a condition of his probation. Accordingly, the Court vacated the judgment of sentence and remanded for resentencing.

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