context: In contrast, cases applying the harmless error analysis to the introduction of presumptively coerced statements are legion.
citation_a.signal: but see
citation_a.identifier: 469 Pa. 342, 355
citation_a.parenthetical: curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial
citation_a.sentence: See e.g. Commonwealth v. Bullard, 465 Pa. 341, 349-350, 350 A.2d 797, 801 (1976) (“Because a confession is the most damning of all evidence, we cannot say that we are convinced beyond a reasonable doubt that the error did not affect the judgment.”); Commonwealth v. Carbaugh, 356 Pa.Super. 42, 47, 514 A.2d 133, 137 (1986) (same conclusion); Commonwealth v. Petrino, 332 Pa.Super. 13, 29, 480 A.2d 1160, 1168 (1984) (same conclusion); but see Commonwealth v. Holland, 518 Pa. 405, 415, 543 A.2d 1068, 1072 (1988) (introduction of statements made by lay witnesses regarding the voluntariness of a confession found to be harmless error); Commonwealth v. Maloney, 469 Pa. 342, 355, 365 A.2d 1237, 1244 (1976) (curative instruction given following improper admission of statement regarding right to silence held sufficient not to require mistrial); Commonwealth v. Mitchell, 246 Pa.Super. 132, 138, 369 A.2d 846, 849 (1977) (recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced).
citation_b.signal: see
citation_b.identifier: 504 A.2d 168, 177
citation_b.parenthetical: applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel
citation_b.sentence: See e.g. Pennsylvania v. Muniz, 496 U.S. 582, 605 & n. 22, 110 S.Ct. 2638, 2652 & n. 22, 110 L.Ed.2d 528, 555 & n. 22 (1990) (holding that although Miranda required the suppression of “testimonial” statements made before defendant was advised of his constitutional rights, “the state court is free, of course, to consider this [harmless error] question upon remand.”); Berkemer v. McCarty, 468 U.S. 420, 443, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317, 336 (1984) (applying harmless error analysis to improper introduction of statements obtained during custodial interrogation and without prior Miranda warnings); Commonwealth v. Hubble, 509 Pa. 497, 515, 504 A.2d 168, 177 (1986) (applying harmless error analysis to improper introduction of statements obtained in violation of Fifth Amendment right to counsel); Commonwealth v. Rodgers, 472 Pa. 435, 449, 372 A.2d 771, 777 (1977) (applying harmless error analysis to improper introduction of statements made following refusal to honor exercise of right to remain silent); Commonwealth v. Cooper, 468 Pa. 481, 486, 364 A.2d 296, 299 (1976) (applying harmless analysis to prosecutor’s improper comment on defendant’s election to remain silent); Commonwealth v. Davis, 452 Pa. 171, 178, 305 A.2d 715, 719 (1973) (same); Commonwealth v. Caswell, 316 Pa.Super. 462, 475, 463 A.2d 456, 462 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained following refusal to honor election to remain silent); Commonwealth v. May, 314 Pa.Super. 577, 582, 461 A.2d 308, 310 (1983) (Cavanaugh, J., dissenting) (applying harmless error analysis to improper introduction of statements obtained before defendant was advised of Miranda rights); Commonwealth v. Flynn, 248 Pa.Super. 62, 72, 374 A.2d 1317, 1322 (1977) (applying harmless error analysis to improper introduction of testimony regarding defendant’s exercise of right to silence). Indeed, the only cases involving presumptively coerced statements which even arguably suggest that harmless error doctrine should not be applied are those in which the courts may be seen to apply a virtually per se harmful error presumption in the analysis.