Opinion

Commonwealth v. Scher

  • 569 Pa. 284
  • 803 A.2d 1204
  • 2002 Pa. LEXIS 1721
Court
Supreme Court of Pennsylvania
Filed
Aug 20, 2002
Status
Published
Author
Nigro
On the bench
Newman, Former, Flaherty, Castille, Nigro, Saylor, Zappala, Cappy
Cited by
34 cases

holding “prejudice alone is not sufficient to show a violation of due process where the delay was due to the government’s continuing investigation of the crime”

How later courts described this case

  • holding “prejudice alone is not sufficient to show a violation of due process where the delay was due to the government’s continuing investigation of the crime”
  • twenty year delay in homicide prosecution does not violate due process
  • Opinion Announcing the Judgment of the Court
  • negligent delay cannot violate due process

Written by the judges who cited it.

The opinion

Justice NIGRO,

concurring.

I join the Opinion Announcing the Judgment of the Court except for that portion of its decision that applies the second prong of the due process standard for pre-arrest delay, as developed by the lead opinion, to the facts of the instant case. *340 I agree with the lead opinion that Scher failed to meet the threshold burden of demonstrating actual prejudice. Once this conclusion is reached, however, I see no need to even consider the second prong of the test. I would simply hold that Scher’s due process claim fails because he did not demonstrate actual prejudice.

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.