Opinion

Commonwealth v. Kindness

  • 247 Pa. Super. 99
  • 371 A.2d 1346
  • 1977 Pa. Super. LEXIS 1586
Court
Superior Court of Pennsylvania
Filed
Mar 31, 1977
Status
Published
Author
Hoffman
On the bench
Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth, Spaeth
Cited by
46 cases
Authority
More cited than 10.4%

"The authorities are virtually unanimous that the historical power to `nol pros' belonged at common law solely to the Attorney General and remains an exclusive prosecutorial power in the absence of a state constitutional or statutory provision to the contrary."

How later courts described this case

  • "The authorities are virtually unanimous that the historical power to `nol pros' belonged at common law solely to the Attorney General and remains an exclusive prosecutorial power in the absence of a state constitutional or statutory provision to the contrary."
  • describing termination of criminal charge under ARD program as a court- supervised compromise
  • rejecting equal protection challenges to denial of ARD
  • requirement that prosecutor authorize ARD placement does not violate separation of powers doctrine

Written by the judges who cited it.

The opinion

HOFFMAN, Judge,

concurring:

I agree with Judge CERCONE’S cogent analysis of the constitutional issues relating to the Accelerated Rehabilitative Disposition (“A.R.D.”) program. I believe, however, that appellant’s contention that the A.R.D. program constitutes an improper delegation of a judicial function is not properly before us because appellant did not raise this claim before the lower court. Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974). Moreover, counsel for both parties expressly stipulated in the Agreed Statement of Facts that appellant does not challenge the constitutionality of the A.R.D. program itself. Accordingly, I do not believe that we can properly address this issue. Weigand v. Weigand, 461 Pa. 482 , 337 A.2d 256 (1975).

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.