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.