# Commonwealth v. Kindness

> Superior Court of Pennsylvania · March 31, 1977 · 247 Pa. Super. 99

URL: https://www.frixlaw.com/law-library/cases/9759742

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Charles E. KINDNESS, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 31, 1977
- **Citations:** 247 Pa. Super. 99; 371 A.2d 1346; 1977 Pa. Super. LEXIS 1586
- **Precedential status:** Published
- **Opinion:** Concurrence by Hoffman
- **Judges:** Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth, Spaeth
- **Cited by:** 46 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/9759742

## How later opinions describe it (automated extraction)

- describing termination of criminal charge under ARD program as a court- supervised compromise
- rejecting equal protection challenges to denial of ARD

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9759742. Public record. Not legal advice.