Opinion

Commonwealth v. Stipetich

  • 423 Pa. Super. 427
  • 621 A.2d 606
  • 1993 Pa. Super. LEXIS 549
Court
Superior Court of Pennsylvania
Filed
Feb 9, 1993
Status
Published
Author
Elliott
On the bench
Rowley, Cavanaugh, Cirillo, Olszewski, Sole, Popovich, Johnson, Hudock, Elliott
Cited by
6 cases
Authority
More cited than 7.1%

Reversed by Commonwealth v. Stipetich, 539 Pa. 428 (1995)

finding a formal non-prosecution agreement enforceable where the defendant performed in reliance on agreement

How later courts described this case

  • finding a formal non-prosecution agreement enforceable where the defendant performed in reliance on agreement
  • proper response to detrimental reliance procured through inaccurate police representations of nonprosecution is suppression of evidence, not dismissal

Written by the judges who cited it.

The opinion

FORD ELLIOTT, Judge,

concurring.

I concur in the result reached by the majority but cannot join in its rationale. Rather, I rely on my concurring statement in the companion case of Commonwealth v. Scuilli, 423 Pa.Super. 453 , 621 A.2d 620 , and decide that before relief may be granted based on a nonprosecution agreement, there must *439 be some showing of detrimental reliance rising to the level of prejudice or manifest injustice to the party seeking enforcement. Based on the record before this court, I can find that such prejudice was suffered by the Stipetiches in their foregoing Constitutional guarantees against self-incrimination. Therefore, I cannot reverse the trial court’s decision to dismiss the charges. However, in all candor, from my reading of the trial court’s opinion, I would not characterize this choice of remedy as an exercise of the trial court’s discretion. Judge Dauer specifically found that the police officer in question had the authority to negotiate the nonprosecution agreement and that this mandated the dismissal of charges.

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.

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