LEO: Testimony for Commonwealth by Assistant LE Op. 597
Testimony for Commonwealth by Assistant Commonwealth Attorney.
August 17, 1984
It is not improper for an Assistant Commonwealth's Attorney to testify
for the Commonwealth on the charge of driving after having been previously
adjudicated an habitual offender notwithstanding that the Assistant
Commonwealth's Attorney served as prosecutor in the prior adjudicatory
proceeding, unless the Commonwealth's Attorney has reason to believe that
the identity of the defendant is in question and that substantial evidence
will be offered in opposition to the testimony of the Assistant
Commonwealth's Attorney. [ DR:5-101(B)(1), DR:5-102(A), LE Op. 487]
Committee Opinion August 17, 1984
See also LE Op. 1320.