Supreme Court of Pennsylvania, 1999

Commonwealth v. Hartford

Supreme Court of Pennsylvania · Decided August 18, 1999 · Cappy, Castille, Files, Flaherty, Newman, Nigro, Saylor, Zappala

558 Pa. 169; 735 A.2d 1255; 1999 Pa. LEXIS 2449

Dissenting Opinion

CAPPY, Justice,

dissenting.

I dissent from the decision of the majority to dismiss this matter as having been improvidently granted. I would reach the issues as presented because I have grave doubts whether 18 Pa.C.S. § 2904(a) was intended to apply to factual situations such as those presented in this case.

Justice NEWMAN joins this Dissenting Statement.

Opinion of the Court

*170 ORDER

PER CURIAM:

AND NOW, this 18th day of August, 1999, this appeal is DISMISSED as improvidently granted. Consequently, appellants’ motions to suppress portions of appellee/cross-appellant’s brief, to suppress portions of brief of amicus Family Research Council, and to suppress pre-sentence report and victim impact statement are DENIED.

Justice CAPPY files a dissenting statement in which Justice NEWMAN joins.

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