[Download] "Commonwealth v. Chernosky" by Texas Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Chernosky
- Author : Texas Court of Appeals
- Release Date : January 27, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
When the Commonwealth appeals from a suppression order, we follow a clearly defined standard of review and consider only the evidence from the defendants witnesses together with the evidence of the prosecution that, when read in the context of the entire record, remains uncontradicted. The suppression courts findings of fact bind an appellate court if the record supports those findings. The suppression courts conclusions of law, however, are not binding on an appellate court, whose duty is to determine if the suppression court properly applied the law to the facts. Commonwealth v. Keller, 823 A.2d 1004, 1008 (Pa Super. 2003), appeal denied, 574 Pa. 765, 832 A.2d 435 (2003) (citation omitted).