Supreme Court of Pennsylvania November 27, 2006, 440 CAP (Commonwealth v. Marinelli)

Justice SAYLOR,

concurring.

I join the majority’s holding and reasoning with regard to claims 1, 2, and 8, concur in the overall result of the majority decision, and write to the following points.

First, I have reservations similar to those expressed by Mr. Chief Justice Cappy concerning the majority’s discussion of waiver.