Opinion

Commonwealth v. Lagana

  • 510 Pa. 477
  • 509 A.2d 863
  • 1986 Pa. LEXIS 777
Court
Supreme Court of Pennsylvania
Filed
May 7, 1986
Status
Published
Author
Hutchinson
On the bench
Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
Cited by
27 cases
Authority
More cited than 7.4%

stating that, where jeopardy had not attached at a first suppression hearing, “there is certainly no constitutional bar to relitigating a suppression motion during ... a second prosecution”

How later courts described this case

  • stating that, where jeopardy had not attached at a first suppression hearing, “there is certainly no constitutional bar to relitigating a suppression motion during ... a second prosecution”
  • discussing the doctrine of coordinate jurisdiction

Written by the judges who cited it.

The opinion

HUTCHINSON, Justice,

concurring.

I concur in the result, on the basis of the facts before us. I am concerned, however, that the majority in its effort to prevent “judges of equal jurisdiction from entering diverse rulings on the same evidence,” is merely adding another interlocutory appeal to the criminal justice process. See Commonwealth v. Dugger, 506 Pa. 537, 548 , 486 A.2d 382, 387 (1985) (Hutchinson, J. concurring).

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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