# Matter of Huff

> Supreme Court of Pennsylvania · March 5, 1991 · 399 Pa. Super. 574

URL: https://www.frixlaw.com/law-library/cases/9737199

## Case

- **Full name:** In the Matter of Jelbert HUFF, Jr., a Minor. Appeal of Jelbert HUFF, Jr.
- **Court:** Supreme Court of Pennsylvania
- **Decided:** March 5, 1991
- **Citations:** 399 Pa. Super. 574; 582 A.2d 1093
- **Precedential status:** Published
- **Opinion:** Concurrence by Montemuro
- **Judges:** Cirillo, Wieand, McEwen, Montemuro, Beck, Kelly, Johnson, Hudock, Elliott
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9737199

## Opinion text

MONTEMURO, Judge,
concurring statement:
While I agree with the Majority’s ultimate resolution of appellant’s claim, I write separately to express my belief *588 that because of the singular focus of this case on the interaction between juvenile and criminal courts in relation to double jeopardy, those prior cases which involve only the criminal system, viz., Commonwealth v. LaBelle, 397 Pa.Super. 179 , 579 A.2d 1315 (1990) (en banc); Commonwealth v. Evers, 381 Pa.Super. 568 , 554 A.2d 531 (1989), are in fact jurisdictionally and factually irrelevant. As the Act makes clear, delinquency specifically excludes summary offenses. 42 Pa.C.S.A. § 6302. Therefore, unlike the situation obtaining in the cited cases, joinder was understood to be an impossibility.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9737199. Public record. Not legal advice.
