Commonwealth v. Haag

NIX, Chief Justice,

concurring.

I continue to embrace the view that the standard set forth in Commonwealth v. Romeri, 504 Pa. 124, 132, 470 A.2d 498, 502 (1983), cert. denied, 466 U.S. 942, 104 S.Ct. 1922, 80 L.Ed.2d 469 (1984), is inappropriate for determining whether news coverage was so “inherently prejudicial” that prejudice can properly be presumed. Commonwealth v. Romeri, 504 Pa. at 139, 470 A.2d at 506 (1983), (Nix, J., dissenting). Notwithstanding, I am satisfied that the facts of this case would not warrant such a presumption under what I consider to be the proper test. See Commonwealth v. Casper, 481 Pa. 143, 392 A.2d 287 (1978); Commonwealth v. Frazier, 471 Pa. 121, 369 A.2d 1224 (1977); and Commonwealth v. Pierce, 451 Pa. 190, 303 A.2d 209 (1973), cert. denied, 414 U.S. 878, 94 S.Ct. 164, 38 L.Ed.2d 124 (1973).

*410Additionally, I remain of the view that Commonwealth v. Richardson, 496 Pa. 521, 437 A.2d 1162 (1981), was wrongly decided and therefore I do not rely upon it for support of the Commonwealth’s position in this matter. I am satisfied that the inadvertent reference to a prior crime in this factual setting did not constitute reversible error. The evidence was not elicited by the Commonwealth; it was not exploited after the comment was made; and, there was no deliberate attempt to introduce evidence of appellant’s involvement in a prior crime. The prompt curative instruction provided by the trial court was sufficient to negate any prejudice which may have otherwise resulted. Compare, Commonwealth v. Williams, 470 Pa. 172, 368 A.2d 249 (1977); Commonwealth v. Fortune, 464 Pa. 367, 346 A.2d 783 (1975).

With these observations, I join the mandate of the Court.