Commonwealth v. Taylor, P., Aplt. ( 2019 )

[J-36-2019]
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 767 CAP
:
Appellee : Appeal from the Order dated May 23,
: 2018 in the Court of Common Pleas,
: York County, Criminal Division at No.
v. : CP-67-CR-0001762-1991.
:
: SUBMITTED: March 11, 2019
PAUL GAMBOA TAYLOR, :
:
Appellant :
ORDER
PER CURIAM DECIDED: November 6, 2019
AND NOW, this 6th day of November, 2019, the order of the Court of Common
Pleas is AFFIRMED by operation of law, as the votes among the participating Justices
are equally divided.
Appellant’s applications to correct omission from the record and to present oral
argument are DENIED. With respect to appellant’s application to waive conflict, a jurist’s
decision to recuse is a matter of individual discretion or conscience. See Commonwealth
v. O’Shea, 567 A.2d 1023, 1034 (Pa. 1989); In re Crawford's Estate, 160 A. 585, 587 (Pa.
1931). As each member of this Court has resolved his or her own participation in this
appeal, the application to waive conflict, as well as the application to file a reply in support
thereof, are DENIED.
Chief Justice Saylor and Justices Baer and Todd did not participate in the
consideration or decision of this matter.