Opinion

Russo v. Philadelphia County Board of Elections

  • 115 Pa. Commw. 192
  • 540 A.2d 332
  • 1988 Pa. Commw. LEXIS 260
Court
Commonwealth Court of Pennsylvania
Filed
Apr 4, 1988
Status
Published
Author
Barbieri
On the bench
Barbieri, Colins, Kalish
Cited by
1 cases

The opinion

Concurring Opinion by

Judge Barbieri:

I concur in the-result reached by Senior Judge Kalis H, because I believe that the Appellant, uncounseled and apparently not advised of his right to legal counsel, or right to a continuance, was not granted sufficient time by the trial court to prepare and present his case and may thereby have been denied due process. Appellant pro se presented his instant petition with a rule returnable to the motion judge on March 1, 1988. The record shows this rule was signed by the motion judge who directed Appellant to serve the petition on Appellees and docketed by the prothonotary at 10:21 a.m. The rule returnable and hearing was set. for 2:00 p.m. on March 1, 1988. Three and one half hours is simply insufficient to accomplish service of the petition, subpoena witnesses and prepare Tor an election hearing, particularly when Appellant is unrepresented by counsel.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.