Commonwealth v. Smith, L., Aplt.

Summary

Justice Wecht, concurring, agrees that Lisa Smith’s conviction should be affirmed and that the admission of her co‑defendant’s confession did not violate the Sixth Amendment Confrontation Clause. He interprets the Supreme Court’s decision in Samia to require only the removal of statements that directly incriminate the co‑defendant, not all references, and argues that the statement at issue does not directly implicate Smith. He also notes his reservations about Samia’s reach but concludes the conviction stands.