Commonwealth v. Wright

Justice SAYLOR,

concurring.

I join the majority opinion, subject to the following reservations.

I have difficulty with the majority’s approach to the degree to which it approves of a prosecutor’s practice of discussing the perspective of uncalled, supportive witnesses. See Majority Opinion, at 327-29, 961 A.2d at 153-54. I would specifically disapprove such practice and would rest the disposition of this claim upon a finding of insufficient prejudice.

With regard to the treatment of Appellant’s claim deriving from his argument that criminal trespass does not qualify to support the in-perpetration-of-a-felony aggravator, see Majority Opinion at 333-34, 961 A.2d at 156-57, I note that Appellant’s argument recently was rejected by a majority of this Court in Commonwealth v. Robinson, 583 Pa. 358, 379-81, 877 A.2d 433, 445-46 (2005). I regard Robinson as governing precedent, albeit I held a contrary view. See id. at 392-99, 877 A.2d at 453-58 (Saylor, J., dissenting).