IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT M.D. Appeal Dkt.
36 MAP 2017
COMMONWEALTH OF PENNSYLVANIA, : No. 138 MAL 2017
:
Petitioner :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
JONATHAN NELSON SMITH, :
:
Respondent :
ORDER
PER CURIAM
AND NOW, this 26th day of July, 2017, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by petitioner are:
(1) The Pennsylvania Superior Court’s Opinion misapplies the Deadly Weapon Used
enhancement, which leads to a result inconsistent with statutory construction by
reading an additional specific intent element into the Deadly Weapon Used
statute that does not exist in the plain language[.]
(2) The Pennsylvania Superior Court rendered a decision that is inconsistent with
the plain language of Commonwealth v. Buterbaugh, infra, and thereby leads to a
misapplication of Buterbaugh and an irreconcilable conflict between Superior
Court case law[.]
(3) The Pennsylvania Superior Court’s decision is inconsistent with fundamental
notions of mens rea and the applicability of mens rea when no mens rea is
specifically stated, improperly creating a default mens rea of specific intent.