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[J-151-2004] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, BAER, JJ. COMMONWEALTH OF PENNSYLVANIA, : : Appellant/Cross-Appellee : : : v. : : : MIRIAM WHITE, : : Appellee/Cross-Appellant : : : No. 9 & 10 EAP 2004 Appeal from the Order of the Superior Court dated February 23, 2003 at No. 3282 EDA 2000 quashing in part and reversing in part the Order of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section at No. 814 1/1 September Term, 1999 818 A.2d 555 (Pa. Super. Ct. 2003) ARGUED: October 18, 2004

OPINION

MR. JUSTICE EAKIN

DECIDED: November 22, 2006

Mr. Justice Eakin announces the Judgment of the Court. Mr. Justice Eakin delivers the Opinion of the Court with respect to parts II, III, and IV.B, in which Mr. Justice Castille, Madame Justice Newman and Mr. Justice Saylor join, and a plurality opinion with respect to parts I and IV.A, in which Mr. Justice Castille and Madame Justice Newman join. This appeal presents two issues: (1) whether an interlocutory appeal as of right, pursuant to Pa.R.A.P. 311(d), lies from a trial court's denial of a motion for recusal; and (2) whether the Commonwealth has a right under the Pennsylvania Constitution to have a jury determine the degree of guilt after a defendant pleads guilty to murder generally. The Superior Court concluded it did not have jurisdiction under Pa.R.A.P. 311(d) to review the recusal motion, and that the Commonwealth has a right to a jury at a degree of guilt

hearing. Commonwealth v. White, 818 A.2d 555 (Pa. Super. 2003). We reverse in part and affirm in part. The Philadelphia police arrested 11-year-old Mariam1 White in conjunction with the stabbing death of Rose Marie Knight. By operation of law, White was charged as an adult for the crime of murder. See 42 Pa.C.S.

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